Updated and effective from 14 Febr/uary 2021
These terms and conditions ('User Terms'/ 'Terms') apply to your use of the Platform 0522 Axiotech Pvt. Ltd. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by 0522 Axiotech Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 5/68, Vishal Khand, Gomti Nagar, Lucknow. 226010, Uttar Pradesh, India and its corporate office at First Floor, C-8, Sector-B, Aliganj, Lucknow. – 226024, Uttar Pradesh, India.
By agreeing to use the HashTagBazaar Platform and the Services, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE PLATFORM AND THE SERVICES. If you do not accept any of the User Terms, then please do not avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY IN RESPECT OF THE USE OF THE PLATFORM AND THE SERVICES.
The Agreement (defined hereunder) is applicable to any Users when they install, download or even merely visit or access any part of the Platform or utilise the Services. The Agreement between User/you and Company is effective on the date on which the application is downloaded/website is accessed and/or the date on which terms of Agreement are updated, which are accepted by you before accessing any of the Services, creating a legally binding arrangement between you and the Company.
1.2 ''Applicable Law(s)'' shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India;
1.3 ''Company'', ''Us'', ''Our'', ''We'' means 0522 Axiotech Private Limited;
1.4 ''Force Majeure Event'' shall mean any event arising due to any cause beyond the reasonable control of the Company;
1.5 ''Services'' means provisioning of certain services offered by the Company through the Platform to the User, and includes any related services in relation to the same;
1.8 ''You''/ ''you'', ''Your''/''your', 'User' means a user of the Platform; and
1.9 ''User Terms''/''Terms'' means these Terms and Conditions recorded herein.
2.1 You can use your account created on the Platform to access the Services. You are sole responsible for all activities that occur under such account created by you, including the transactions made using such account created by you; the Company shall not be liable for any such activity undertaken from your account in any manner whatsoever.
2.2 You hereby confirm that you are an adult, over 18 (Eighteen) years of age, resident Indian national and any information you provide shall be true, accurate, current and complete. These User Terms are legally binding contract under Indian Contract Act, 1872. You are availing the Services under these Terms only on Your own behalf and not on behalf or in respect of any third party. You authorise us to contact you via telephone, email or other medium in relation to the Agreement.
2.4 You are required to enter a valid mobile phone number while registering on Platform. By such registration, You consent to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for Services, subscription, promotional updates etc. You may opt-out of such services, subscription, promotional updates either through the opt-out means provided or by writing to the support team.
2.5 You declare that any and all information/details shared by You are true and correct to the best of your knowledge. In the event there is any change in such information, You will promptly inform the Company and update the information in your account details. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these User Terms, or if it is discovered that you do not meet the terms and conditions herein, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
2.6 If you use the Platform, You are solely responsible for all activities that occur under the account created on the Platform and all transactions made by You thereunder and the Company shall not be liable for any such activity in any manner. You are responsible for maintaining the confidentiality of your account, password, user identification codes and OTPs, if any and for restricting access to your mobile phone / computer / any device to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2.7 You must comply with all the Applicable Laws when using the Services and You are not permitted to use the Services under false pretences or in violation of Applicable Laws.
2.8 You hereby confirm that the consent / instruction and / or approval so provided by You on the Platform will be valid, effective and binding on You without any further enquiry or due diligence as to the identity of the person purporting to give such consent / instruction and /or approval. You accept and agree that you shall utilize the Platform and the Services for Your own personal use alone. Neither shall You impersonate another person nor use any information that belongs to another person and to which you do not have any right to. In case of any dispute pertaining to Your use of the Platform and the Service on behalf of anybody else, impersonation of someone else and / or using information that belongs to someone else, You alone shall be solely responsible.
3.1 We shall ensure that our Platform is eligible for easy access to all our customers. However, We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform may be suspended, withdrawn, discontinued or changed without notice to you. We will not be liable to you if, for any reason, the Platform or the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection, are aware of these User Terms and other applicable terms and conditions, and that they comply with them.
4.1 The Services provided by the Company are available and valid only for use in India. The Services offered by the Company through the Platform is merely a technology platform to facilitate and enable Users to avail the Services facilitated herein.
4.3 You understand that the Company reserves the right to vary, alter or modify the User Terms and the terms relating to the Services, at any time and at Our sole discretion. Policies related to returns / exchanges, penalties, refunds, cancellation will be updated by Us from time to time, without any explicit permission from You. We shall inform You from time to time regarding such updates and You are required to be aware of same. Using the Services once does not entitle automatic eligibility to avail similar products in the future.
4.4 You understand, agree and acknowledge that We will have the right to send You reminders electronically or by post and /or SMS and /or push notifications, messages through social media such as WhatsApp to Your registered phone number and /or Your e-mail, as applicable, regarding the account created on the Platform, payment, offers, contests, Services offered and for any such incidents related thereto and reach You on your registered phone number during reasonable hours if You fail to pay the outstanding amount by relevant due date. You agree and undertake not to revoke the aforesaid consent to receive SMS, messages, calls, e-mail and other notifications through any manner whatsoever. You further acknowledge and confirm that You are aware of the nature of telecommunications / internet services and that an email transmission may not be received properly.
4.5 You further acknowledge that any default from You relating to the Services obtained from us and/or violation of the User Terms may attract legal charges against You, and the Company may at its sole discretion pursue such civil or criminal action. Relevant parties may send you legal notices and may report such defaults and/or initiate legal proceedings against You. You agree to assume and bear all the risks involved in connection with your obligations to be fulfilled in order to avail the Services and undertake that that the Company shall not be responsible in any manner.
4.6 You hereby accept and agree that We reserve the right to withdraw, discontinue or stop the provision of the Services, at any time, at Our sole discretion, in which case, Your use of the Services shall automatically stand terminated.
5.1 Products and Services: You may place order through the Platform based on the products showcased and availability of the same. You understand and agree that the Company shall only be able to provide You with the products based on the availability. The Company shall take all reasonable efforts to make sure that the Platform shall reflect accurate information relating to the Services including but not limited to the product availability, delivery availability, delivery time and such other information. However, there might be certain instances where a part of the Services, including the products may not be available. You understand and agree that such events may not be deliberate, and the Company shall not be held liable in any manner whatsoever as these events are beyond reasonable control of the Company.
5.2 Pricing: We aim to ensure that prices of all products are correct and up-to-date. However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to Us by a supplier. In each such case, notwithstanding anything to the contrary, We reserve the right to cancel the order without any further liability or notice to You at our sole discretion which will be conclusive and binding. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the Platform will be sold at a price higher than its MRP (Maximum Retail Price).
5.3 Payment Terms: You agree that the debit/credit card or such other payment related details provided by you for use of the purchase of Services is correct and accurate and that you will not use a debit/credit card or such other payment modes, that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You may pay for Services by using a debit/credit card or through online banking account, wallets or such other payment modes offered by the Company on the Platform. Further, you warrant, agree and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your card/bank details/ or such other payment related details:
(a) You are authorizing debit of the nominated card/bank account/wallet/such other modes you have chosen, for the payment of amount selected by you along with the applicable fees/taxes; (b) You are responsible to ensure sufficient credit/amount is available on the nominated card/bank account/wallet at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by you inclusive of the applicable fees/taxes.
5.4 Damaged and defective goods: We will not be responsible for damaged or defective goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless You notify Us by written or email notice of a claim to the Company within 24 (twenty-four) hours of receiving such damaged or defective goods. In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, you must hold the goods and make them available for inspection or collection by Us or Our representatives on request. Our total liability under any warranty for defective or damaged goods supplied by Us, or in relation to Services, based on the inspection and proof of the genuineness of such damage or defect of the goods is limited at Our sole discretion which will be conclusive and binding, to either
(a) replacing the defective or damaged goods; or
(b) refunding the price of the defective or damaged goods.
We are not under any obligation to accept any returns of products/goods where the defect or damage was caused by You or the defect or fault occurred after dispatch of the products/goods.
For the purpose of these Terms, (a) Damaged shall mean unforeseen and accidental physical loss, br/eakage, destruction of or damage to tangible property including the loss of use thereof at any time resulting from nuisance or interference with any right of way, light, air or water; and (b) Defect shall mean an error, that prevents the required usage or which substantially diminishes the possibilities or use of the products with the following specifications: (i) a defect is substantial, if it cannot be cured despite repeated attempts such that the product cannot be used at all; (ii) it is not a defect, if the User or a third party makes modifications or repairs to the product without the Company’s permission unless the User can prove that the defect occurred independently from the modification or repairs.
5.5 Delivery: You are solely responsible to provide Us with accurate information regarding the delivery address. Once the order is placed on the Platform with a particular delivery address and the same is confirmed by the Company for delivery, You may not change the address. We recommend You to contact the support services for the change in delivery address or cancellation of the order. You understand and agree that for all the orders above ₹500.00 (Indian Rupees Five Hundred only), We will not be charging any delivery fee; however, for every order which is below ₹500.00 (Indian Rupees Five Hundred only), We will charge a delivery fee of ₹25.00 (Indian Rupees Twenty-Five only).
6.1 To cancel any order placed by You on the Platform, please visit the 'accounts' section in Your profile and choose the option to cancel the order, before the time displayed for Group Buying Order closing once applicable. You can also contact us on +91-9170060200 to place your Order cancellation request.
6.2 We reserve the right to cancel any order if: (a) the address provided by You is either wrong or falls outside the delivery zone; (b) there is lack of information, direction or authorization from You at the time of delivery; and/or (c) some or all the items ordered by You are unavailable at the time the order is being processed.
6.3 You cannot cancel any orders when the order is in process. You can cancel your Regular / Daily orders for a product at no cost any time before the products are dispatched from Our end and We send the dispatch confirmation e-mail/notification relating to that product confirming that the product has been dispatched for delivery. For Group Buying Orders, you need to contact us on +91-9170060200 to place your Order cancellation request. The option will be available on the App in some time.
6.4 Once We / The Seller receives the products from You at our / their address, a quality check is conducted. Once the products have passed the quality check based on Your specifications and criteria for cancellation, We will initiate the process of refund, if applicable within 2 (two) business days for Regular / Daily orders. In case of Group Buying option, the option of refund is not applicable.
6.5 Upon cancellation, You will be notified of the same by email/SMS. The Refund policy offered on #Bazaar is a plan provided directly by the individual sellers except for all orders which are being sold directly by 0522 Axiotech Pvt. Ltd (HashTagBazaar). The refund against the cancellation for orders sold directly by 0522 Axiotech Pvt. Ltd (HashTagBazaar) for Regular / Daily orders will be made in the following manner:
(a) Electronic payment (credit card, debit card or net banking) refunds are processed within 2-4 business days or such other timeline as prescribed by the applicable banks/financial institutions, whereby You will need to update Your financial information to enable Us to process a refund to Your account;
(b) Mixed Payment (credit card or credit points) The refund amount shall be paid through the same mode of payment.
(c) Cash on Delivery The refund amount shall be returned to you in the Bank Account details, which will be required from your end or can be added to your #bazaar Wallet, which can be used against future purchases being made by you in the future.
6.6 You understand and agree that: (a) We have the authority to make the final decision on refund amount and when it is generated; (b) refunds will happen through the same mode by which the payment was made, however, You may have the option to request for a change to credit/ reward points, which will be approved by the Company; (c) If your refund doesn't appear in Your Account, and the processing time for Your payment method has passed, You may contact Us for further assistance.
6.7 If the original payment method You used to make the payment (credit/ debit card) is no longer valid, We will issue the refund through a demand draft. When We receive a payment failure notice from Your bank, We will send you an e-mail/any other notification asking You to call us. When you call Us back, We will collect Your name and the address where You want the demand draft to be sent, and proceed with the refund.
7.1 The Return / Exchange policy offered on the Platform is a plan provided directly by the individual sellers, for all the products, not being sold directly by 0522 Axiotech Pvt. Ltd (HashTagBazaar), which may differ from this policy. For the products being sold by #bazaar, the following policy will be applicable.
7.2 If You have received any product which is defective, damaged, wrong item sent, item missing or You no longer wish to keep the product, You may return the products to the address specified by Us. You need to follow the below mentioned guidelines and arrange for return pick-up within the time specified in the #Bazaar Return / Exchange Policy.
7.3 You may call Our customer service representative on +91-9170060200 or at orders@HashTagBazaar.com and We shall arrange for the return pick-up within two (2) business days. You are required to keep a copy of the invoice highlighting the items to be returned. Once We receive the products at our address, You will receive an email confirmation regarding the same.
7.4 If the return pick-up option is not available in your area or if You choose to return the products yourself, include the required return documentation with Your package. You can return the package using any courier/ postal service of your choice.
7.5 If You wish to exchange the products, You must ensure checking the pointers as mentioned in the Part-2 of #Bazaar Return / Exchange Policy at the time of exchange.
7.6 Please note that the return shipping cost will be borne by you in case you wish to return the item for the reason ''I no longer need or wish to keep the item.
7.7 For more details around the Categories, the Return Exchange Timeframe, Possible Actions and other details, you can view the #Bazaar Return / Exchange Policy.
8.1 We are the licensed owners of the br/and 'HashTagBazaar' and the Platform, with license from 0522 Axiotech Private Limited, a private company limited by shares incorporated under the Companies Act, 2013, having its registered office at -5/68, Vishal Khand, Gomti Nagar, Lucknow – 226010.. All content included on the Platform, such as text, graphics, names, design marks, slogans, logos, service marks, button icons, images, illustrations, audio clips, video clips, digital downloads, data compilations, software and any such intellectual property (''Marks''), is Our property, or the property of 0522 Axiotech Private Limited, its affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors' rights and database rights laws. Users are prohibited from using any Marks for any purpose without the written permission of the Company or such third party which may own the Marks; No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license of any of Ours or 0522 Axiotech Private Limited's or any third partys Marks.
8.2 All content on the Platform is solely for your personal, non-commercial consumption. 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. Modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial consumption is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. For the purposes of this clause, any use for which you receive any remuneration, whether in money or otherwise (i.e. in kind), is a commercial use.
8.3 Reference on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Our or 0522 Axiotech Private 's endorsement or recommendation, information, product or service. We or 0522 Axiotech Private Limited are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so at your own risk.
8.4 If You have comments regarding the Services and/or the Platform or ideas on how to improve it, please contact our customer service. Please note that by doing so, You hereby irrevocably assign to the Company, and shall assign to the Company, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
9.1 Use of the Platform:(a) You may use the Platform including any updates or upgrades to the software and any related documentation, that we make available to you from time to time for your use in connection with the Services solely for purposes of enabling you to use and enjoy the Services as provided by Us, and as permitted by these Terms and any other terms. You may not incorporate any portion of the Platform into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the sublicense Platform or otherwise assign any rights to the Platform in whole or in part. You may not use the Platform for any illegal purpose. We may cease providing any Services and We may terminate your right to use the Platform or any portion thereof at any time. Your rights to use the Platform will automatically terminate without notice from Us if you fail to comply with any of these Terms or any other terms issued by Us from time to time. Additional third-party terms contained within or distributed within the Platform that are specifically identified in related documentation may apply to that Platform (or software incorporated with the Platform) and will govern the use of such software in the event of a conflict with these Terms. All software used in any Platform is Our property or property of 0522 Axiotech Private Limited and/ or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
(b) You agree, undertake and confirm that your use of Platform shall be strictly in accordance with applicable law and shall be governed by the following:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which: a. belongs to another person and to which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. is false, inaccurate or misleading in any way;
d. involves the transmission of 'junk mail', 'chain letters', or 'unsolicited mass mailing' or 'spamming';
e. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
f. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
g. contains video, photographs, or images of another person (with a minor or an adult) without their express written consent;
h. solicits passwords or personal identifying information for commercial use;
i. involves engaging in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ products related to the Platform;
j. interferes with another User's use and enjoyment of the Platform;
k. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms. l. harm minors in any way;
m. impersonates another person;
n. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
o. threatens the unity, integrity, defence, 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; and
p. creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers.
(c) You shall not use any 'deep-link', 'page-scrape', '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 any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(d) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
(e) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor br/each the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
(f) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the br/and name or domain name used by Us including the term “HashTagBazaar”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of Our 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. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company's systems or networks, or any systems or networks connected to the Company.
(g) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Platform or any service offered on or through the Platform.
(h) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding Your use of Our Service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and shall not use the Platform for any purpose that is unlawful.
(i) You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
(j) We reserve the right, but have no obligation, to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND PRIVATE MESSAGES THAT YOU SEND TO OTHER USERS. Please be advised that such content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
(k) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
9.3 No Reverse Engineering: You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platform, whether in whole or in part, or create any derivative works from or of the Platform.
9.4 License to use the Platform:
(a) We grant you a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Platform, without Our written consent.
(b) You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent from Us or 0522 Axiotech Private Limited or any of Our Affiliates or group companies, as applicable. You will not use any metatags or any other 'hidden text' utilizing Our or Our ' or Our group ' names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.
(c) You are granted a limited, revocable and non-exclusive right to create a hyperlink to the welcome page of the Platform as long as the link does not portray Us, Our affiliates or Our Platform, or their products or services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.
10.1 You own and bear all liability for all of the content and information that you post on the Platform. In addition, please see the below: (a) For content that is covered by intellectual property rights, such as photos and videos (''IP Content''), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP Content that you post on or in connection with the Platform.
(b) When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).
11.1 The Company lists millions of products offered for sale on the Platform and hosts many thousands of comments, it is not possible for Us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, the Platform operates on a 'notice and takedown' basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ('Objectionable Content'), please notify Us immediately. Once notified, We will verify the complaint and based on our reasonable judgment, make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
12.1 As per the provisions of the User Terms herein, You agree to indemnify, defend and hold harmless the Company, its affiliates, its directors, officers, partners, members, agents, representatives, suppliers, co-br/anders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively ''Indemnified Parties'') from and against any and all claims, demands, causes of action, debt or liability, including reasonable 's fees, incurred by the Indemnified Parties arising out of, related to, or which may arise from:
(a) Your use of the Services;
(b) Any orders placed by You on the Platform;
(c) any br/each or non-compliance or violation by You of any term of the Agreement;
(d) any dispute or litigation caused by Your action or omission; or
(e) Your negligence or violation or alleged violation of any applicable law or right of a third party.
13.1 We hereby disclaim all warranties and conditions with regard to these User Terms, information, software, products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The suppliers providing the products to Us or any such third parties we may take services from are independent entities and We are not liable for the acts, errors, omissions, representations, warranties, br/eaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore.
14.1 We shall not under any circumstances be liable for any direct, indirect, special, incidental, punitive or consequential damages, or for lost business, lost data or lost profits / opportunity etc., arising out of or in connection with Your usage of or inability to use the Platform, Your access to, display of or use of the Platform or with the delay or inability to access, display or use the Platform (including, but not limited to, Your reliance upon opinions appearing on the Platform; any computer viruses, information, software, linked sites, products, and services obtained through the Platform), whether in an action of tort, contract, negligence or other action, even if We may be advised of the possibility of such damages. Further, notwithstanding anything contained otherwise, the aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from any User for purchases made pursuant to an order under which such liability has arisen and been established.
15.1 We shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any Force Majeure event beyond the control of the Company (such as war, sabotage, fire, flood, pandemic, epidemic, explosion, earthquake, acts of god, acts of third parties, civil commotion, lock down, strikes or industrial action of any kind, riots, insurgency, acts of government, br/each of computer systems, malfunctioning of computer systems/ servers by any malicious code or virus, mechanical or technical errors/failures, power shutdown, failures in telecommunication or internet services etc.). We reserve the right to withdraw/ suspend the Services so long as the Force Majeure event continues.
16.1 These Terms shall be governed and construed in accordance with the laws of India. You hereby agree that any legal action or proceedings may be br/ought exclusively in the competent courts/tribunals having jurisdiction in Lucknow and both the Company and You irrevocably submit to the jurisdiction of such courts/tribunals.
17.1 The Company reserves the right, in its sole discretion, to change, amend or otherwise modify the User Terms at any time, without prior notice, and your continued access or use of the Platform and the Services affirms your consent of the updated, amended or modified User Terms from time to time. Use of the Platform includes accessing, br/owsing, or registering to use the Services. These User Terms also govern the terms on which you may place orders, make purchases and payments on the Platform. If you object to these User Terms or any subsequent amendment or modification of these User Terms in any way, Your only recourse is to immediately terminate use of the Platform the Services. We may require You to agree to additional terms (if any) between You and the Company in connection with specific services that You may avail from us from time to time.
18.1 If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
18.2 Notwithstanding anything contained otherwise, any provision hereunder that by its nature is intended to survive termination, will survive such termination.
18.3 The failure of the Company to exercise or enforce any right or provision of these User Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these User Terms will be effective only if in writing and signed by the Company.
18.4 Except as otherwise expressly provided in these User Terms, there shall be no third-party beneficiaries to this User Terms.
18.5 For the purpose of these Terms, the Company's prior written consent shall mean a communication coming from the Company's Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.
18.6 This User Terms constitutes the entire agreement between You and the Company and governs Your use of the Platform, superseding any prior agreements between You and the Company.
19.1 You agree and acknowledge that You have unequivocally consented to these User Terms in relation to availing the Services. You also agree and acknowledge that the Company has no liability whatsoever in relation to the Agreement and You shall not initiate any legal proceedings against the Company and any person related thereto with respect to the Agreement.
20.1 If you have any concerns or grievances with respect to the Services or any content hosted, transmitted, published, updated or shared on the Platform, You may contact the grievance redressal at info@HashTagBazaar.com. We will analyse the query and take such action as We deem appropriate under the circumstances.
21.1 If you have any other queries relating to the usage of the Platform or the Services, you may contact Us by sending an e-mail to: info@HashTagBazaar.com
22.1 You acknowledge and undertake that you are placing orders on the Platform at your own risk and volition and are using your best and prudent judgement before entering into any transactions through the Platform.
22.2 The contents of the Platform are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Exact status may be confirmed from source. The Company or any related party thereto are not responsible for any consequences that may arise out of any actions or inactions of manufacturers of the products nor any br/each of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim 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 products listed or displayed or transacted or the content (including product information and/or specifications) on the Platform. All content, information, software, products, services and related graphics are provided as is, without warranty of any kind from Us. There may be time gap in internet / online posting / transmission of information and availability of such information at br/owsers' end. We shall not mediate or resolve any dispute or disagreement between you and the manufacturers of the products.
22.3 No content / portion of the content, graphics, picture or presentation in the Platform may be used without explicit permission in writing from Us. Usage of contents/ parts thereof without verifiable and expressed permission from Us will attract legal consequences.
22.4 We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. The Company shall have no obligations or liabilities in respect of any transactions undertaken through the Platform.
22.5 We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit card, net banking or any other means on the Platform. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of you exceeding the existing limit on your credit card.