Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our service. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third-party service providers, and "we", "us", “Hamiast” and "our" shall mean Hamiast Global Private Limited, its franchisor, affiliates and partners.
1. User Account, Password and Security
(a) USER ACCOUNT
An account is needed to be made with Hamiast to use some of our Services. However, these are few rules which are needed to be complied by you before creating an account with Hamiast:
A) You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B) Provide accurate information – False information or impersonating another person or company through your account will not be entertained.
C) Choosing of an appropriate Username- A username that is offensive, vulgar, or infringes someone’s intellectual property rights will be violating the Terms.
D) You are solely responsible for your account-You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hamiast.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hamiast.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
The security of your Personal Information is of prime importance to us. However, due to the inherent open nature of the Internet, we do not guarantee that communications between you and Hamiast or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the Personal Information contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your Personal Information.
(b) User Content:
Hamiast may provide you with interactive opportunities on the Website, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) to the Website and/or through the Services. You hereby grant Hamiast a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Hamiast’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Hamiast a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
You agree that any submission of any ideas, suggestions, and/or proposals to Hamiast through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Hamiast has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Hamiast a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(d) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Hamiast (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Hamiast and do not represent the views of Hamiast or its affiliates. Hamiast does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available on the Website or through the Services, you agree that:
(i) you will base any Rating or Review on first-hand experience with Hamiast;
(ii) you will not provide a Rating or Review for any Product of Hamiast for which you have an ownership interest, employment relationship or other affiliation or for any of that Hamiast’s competitors;
(iii) User’s review will comply with the terms of this Agreement. If Hamiast determines, in its sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
2. Services Offered
Hamiast.com provides the service that enables users to purchase "Products". Upon placing an order, Hamiast shall ship the product to you and be entitled to its payment for the Services.
4. Limited User
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Hamiast's name is stated as the source and prior written permission of Hamiast.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5. User Conduct and Rules
The User agrees and undertakes to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, the user agrees and undertakes that when using a Service, he/she shall not
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless the user owns or controls the rights thereto or has received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that the user knows, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- Use the website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- cause annoyance, inconvenience or needless anxiety
- make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Hamiast, its associates and partners on any property owned by Hamiast.
6. No Compensation Policy:
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet to the users expectations, no compensation will be given other than the return and refund of the product. The user cannot request compensation for any reason, including: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Hamiast reserves the right to cancel orders and block accounts of such customers without any prior notice.
7. User Warranty and Representation:
The user guarantees, warrants, and certifies that he is the owner of the content which he submits or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The user further warrants that to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by him in connection with the Services rendered by Hamiast.com.
8. Intellectual Property Rights
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Hamiast owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he shall not use, reproduce or distribute any content from the Website belonging to Hamiast without obtaining authorization from Hamiast
- Notwithstanding the foregoing, it is expressly clarified that the User will retain ownership and shall solely be responsible for any content that he provides or uploads when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which he may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) User expressly agrees that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, he accepts the Third Party User whereby granting a non-exclusive license for the use of the same.
9. Links to Third Party Sites
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hamiast or the Website and Hamiast is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hamiast is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Hamiast.com is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Hamiast or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
10. Warranties and Limitation of Liability:
Hamiast has endeavored to ensure that all the information on the Website is correct, but Hamiast neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Hamiast be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Hamiast be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Hamiast shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Hamiast's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The User agrees to indemnify, defend and hold harmless Hamiast from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Hamiast 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 the User pursuant to these Terms.
12. Cancellation of Fraudulent Activity/Loss to business Orders:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Hamiast reserves the right to cancel all past, pending and future orders without any liability. Hamiast also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders will not be refunded.
Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.
13. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund up to the price of the good.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received will be in IRS ONLY and upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
15. Risk and ownership
The risk and ownership clause states that products are at the customers risk from the time of delivery, and that ownership passes to the customer upon the later of delivery and receipt of all sums due in respect of the products.
- Hamiast may suspend or terminate the use of the Website or any Service if it believes, in its sole and absolute discretion that the User has breached any of the Terms.
- If User or Hamiast terminates the use of the Website or any Service, Hamiast may delete any content or other materials relating to User’s use of the Service and Hamiast will have no liability to the User or any third party for doing so.
- The User shall be liable to pay for any Service or product that he has already ordered till the time of Termination by either party whatsoever. Further, the User shall be entitled to the royalty payments as per the User License Agreement that has or is legally deemed accrued to the User.
- Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Jammu.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
- Consent to Transfer:
The Site is maintained in India. If the User resides elsewhere outside India, please be aware that any information provided to us will be transferred to India. It is clarified that, by using the Site, participating in any of our services, and/or providing us with your information, User consents to this transfer.
- Acceptance and change stopolicy:
- Electronic Communications:
The communications between user and Hamiast use electronic means, whether you visit the Website or send Hamiast e-mails, or whether Hamiast posts notices on the Website or through the Services or communicates with user via e-mail. For contractual purposes, user (1) consent to receive communications from Hamiast in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Hamiast provides to user electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect user’s statutory rights.