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Terms and Conditions

 

In using the service of Hastakala. you are deemed to have accepted the terms and conditions listed herein.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY HASTAKALA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.hastakala.co.in (THE "SITE") AND ALL SERVICES PROVIDED BY Hastakala ON THE WEBSITE.

All products/services and information displayed on Hastakala constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Hastakala reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Hastakala prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.


Eligibility for Membership:

Use of the website 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 website. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.


Hastakala reserves the right to terminate your membership and refuse to provide you with access to the website if Hastakala discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by Hastakala for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Hastakala you agree to be bound by the Terms and Conditions.

Account and Registration Obligations:

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the website, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Hastakala shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below. If Hastakala has reason to believe that there is likely to be a breach of security or misuse of the Hastakala website, we may require you to change your password or we may suspend your account without any liability to Hastakala.

You also agree to:

Provide true, accurate, current and complete information about yourself in Hastakala's registration form (such information being the "Registration Data").

Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Hastakala has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Hastakala has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the website.

Pricing Information:

While Hastakala strives to provide accurate product and pricing information, pricing or typographical errors may occur. Hastakala cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Hastakala shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Hastakala may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Hastakala will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Hastakala accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Hastakala dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.

Cancellation by Hastakala:

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. 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 canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account.

Credit Card Details:

You agree, understand and confirm that the credit card details provided by you for availing of services on Hastakala will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Hastakala. Your credit card information never reaches Hastakala, we just get past, hold or fail message from our payment gateways. The said information will not be utilized and shared by Hastakala with any of the third parties unless required for fraud verifications or by law, regulation or court order. Hastakala will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Fraudulent /Declined Transactions:

Hastakala reserves the right to recover the cost of goods, collection charges, and lawyer’s fees from persons using the website fraudulently. Hastakala reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.

Electronic Communications:

When you visit the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm:

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Hastakala for redelivery shall be claimed from you.

That you will use the services provided by Hastakala, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the website and transacting on the website.

You will provide authentic and true information in all instances where such information is requested of you. Hastakala reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Hastakala has the right in its sole discretion to reject the registration and debar you from using the Services of Hastakala and/or other affiliated websites without prior intimation whatsoever.

That you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the website for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the website.

Breaching any applicable laws;

Interfering or disrupting networks or web sites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification of Terms & Conditions of Service

Hastakala may at any time modify the Terms & Conditions of Use of the website without any prior notification to you. You can access the latest version of the User Agreement at any given time on Hastakala.co.in. You should regularly review the Terms & Conditions on Hastakala.co.in. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this website.

Governing Law and Jurisdiction:

This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Pune shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Hastakala and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Pune. The Court of Judicature at Pune alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hastakala on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain Hastakala property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Hastakala of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Hastakala owns exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hastakala will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Hastakala is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Hastakala does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant Hastakala the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Hastakala and its affiliates for all claims resulting from any Comments you submit. Hastakala and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark:

Hastakala and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Hastakala or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to Hastakala or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Hastakala. You cannot modify, distribute or re-post anything on this website for any purpose.

The Hastakala names and logos and all related product and service and Hastakala slogans are the trademarks or service marks of Hastakala. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software. All software used on this website is the property of Hastakala or its suppliers and protected by Indian and international copyright laws. The Contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Hastakala, one of its affiliates or by third parties who have licensed their materials to Hastakala and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of Hastakala and is also protected by Indian and international copyright laws.

Termination:

This User Agreement is effective unless and until terminated by either you or Hastakala. You may terminate this User Agreement at any time, provided that you discontinue any further use of this website. Hastakala may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, such termination will be without any liability to Hastakala. Upon any termination of the User Agreement by either you or Hastakala, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Hastakala 's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers:

The website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the website.

The website provides content from other Internet websites or resources and while Hastakala tries to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Hastakala will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Hastakala or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of Hastakala to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Hastakala, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. Consequently, Hastakala assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the website; and/or any interruption or errors in the operation of the website.