TERMS OF USE
Introduction
This document is an
electronic record in terms of Information Technology Act, 2000 and rules
there under as applicable. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules
and regulations, privacy policy and terms of use for access or usage of
this mobile application (“App”).
The website is owned
and controlled by Sinaz Techsol Private Limited, a company incorporated under
the Companies Act, 2013 with its registered office at HunkiDori Consumers Pvt
Ltd, #242, iThink Lodha, Palava, Dombivli, District – Kalyan, Maharashtra, Pin
- 421204, India (“HunkiDori”).
These terms of use (“Terms”),
including the various policies incorporated by reference in these Terms, govern
your access to and use of this website and the underlying services provided by
us through the website, including our SMS, APIs, email notifications,
applications, buttons, widgets, ads, commerce services, and our other covered
services that may link to these Terms (collectively, the “Services”), and any
information, text, graphics, photos or other materials uploaded, downloaded or
appearing on or as a part of the Services (collectively referred to as
“Content”). Your access to and use of the Services, however accessed,
constitutes your agreement to be bound by these Terms, which establishes a
contractual relationship between You and HunkiDori. When You use any of the
Services provided by Us through the App, you will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such Service, and
they shall be deemed to be incorporated into and shall apply in addition to
these Terms. If you transact on our website, you shall be subject to the
policies that are applicable for such transaction.
By accessing the website, these
terms will automatically apply to you. If you have any questions regarding our
services, you can email us at [email protected].
Changes to the Agreements
We reserve the right, at
our sole discretion, to change, modify, add or remove portions of these
Terms, at any time without any prior written notice to you. It is your
responsibility to review these Terms periodically for updates / changes.
Your continued use of the website following the posting of changes will
mean that you accept and agree to the revisions. As long as you comply
with these terms, we grant you a personal, non-exclusive, non-transferable,
limited privilege to access and use the services.
In the event a special feature with
its own terms and conditions is offered, the same shall apply in addition to
these terms. In case of a conflict of the terms and conditions of such special
feature with these terms, the terms specific to the special feature shall
prevail.
In these Terms, unless the context
otherwise requires, references to:
- “Buyer”, shall mean a User who has agreed to become a buyer by
using the Services to place an order for Samples or Products;
- “Products” shall mean products listed on the website [by
Sellers] as a part of the Services, for purchase by Buyers;
- “Samples” shall mean products listed
on the website [by Sellers] as a part of the Services, to be provided free of
cost (with applicable shipping charges) and on a sampling basis;
- “Seller” shall mean a user who has
executed a [merchant agreement] with us for the listing of products
manufactured by it on the website, to be offered for sale or made available for
purchase or for delivery on a sampling basis, as a part of the services to the
prospective Buyers, and who has agreed to register on the website as a seller
for this purpose;
- “We”, “we”, “Us”, “us” or “HunkiDori”,
shall mean Hunkifori Consumers Private Limited, its affiliates, permitted
assigns and partners, and the terms “Our” and “our” shall be construed
accordingly; and
- “You”, “you”, “User” or
“user”, shall mean any natural or legal person who has agreed to become an end
user by accessing the Contents of the website, or using the website or the
Services offered through the website, by providing some personal information
(more particularly described in the Privacy Policy and including but not
limited to your name, address, mobile phone number and age, as well as at least
one valid payment method (either a credit card or accepted payment partner)
while registering on the website (“Registration Data”), and the terms “Your”
and “your” shall be construed accordingly.
Membership
Eligibility
Use of the Services is available
only to persons who can form legally binding contracts under Indian
Contract Act, 1872. If you are a minor, i.e., under the age of 18 years,
or are otherwise ‘incompetent to contract’ under the Indian Contract Act, 1872,
you are not eligible to use the Services and you shall not register as a User
of or transact on the App. If minors wish to transact on the App, all
transactions shall be required to be made by their legal guardians/parents who
must be registered Users of the App. We reserve the right to
terminate your membership and/or refuse to provide you with access to the
Services if it is brought to our notice or if it is discovered that you
are under the age of 18 years or are ‘incompetent to contract’.
The Services
The website is only a
medium that provides access to a technology platform, managed by HunkiDori,
which enables Users to meet and interact with one another for their
transactions. It is a marketplace for the listing of Products and Samples and
offering for sale various Products, by the Sellers, and for the purchase of
Products and ordering of Samples, by the Buyers. HunkiDori is an intermediary
for all such transactions and is not a party to nor controls in any manner
any transaction between the website Users. You agree that HunkiDori is only
providing a platform for communication and it is agreed that any contract for
sale or delivery of any of the Products or Samples, as may be applicable, shall
be a strictly bipartite contract between the Seller and the Buyer, for which HunkiDori
will only be fulfilling the delivery of the relevant Product or Sample,
strictly on behalf of the Seller. HunkiDori, its affiliates, permitted assigns
or partners are not liable for anything whatsoever that is undertaken using
this platform and:
- All commercial/contractual terms are offered by and agreed to
between Buyers and Sellers alone.
- The commercial/contractual terms in relation to Products include,
without limitation, the price, shipping costs, payment methods, payment
terms, date, period and mode of delivery, warranties related to
Products and after sales services related to Products. HunkiDori does not
have any control in respect of the offering or acceptance of such
commercial/contractual terms between the Buyers and Sellers.
- HunkiDori does not make any representation or warranty as to
specifications (such as quality, value, saleability, etc) of the
Products proposed to be offered for sale and purchased or ordered as
Samples, through the App. HunkiDori does in any manner endorse the sale or
purchase of any Products or Samples through the website. HunkiDori accepts
no liability for any errors or omissions, whether on behalf of itself
or third parties.
- HunkiDori is not responsible for any non-performance or breach of
any contract entered into between Buyers and Sellers. HunkiDori cannot
and does not guarantee that the concerned Buyers and/or Sellers will
perform any transaction concluded through the website. HunkiDori shall
not and is not required to mediate or resolve any dispute or disagreement
between Buyers and Sellers.
- HunkiDori does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity,
etc.) of any of its users. You are advised to independently verify the
bona fides of any user that You choose to deal with through the App
and use Your best judgment in that regard.
- HunkiDori does not hold any right, title or interest over the
Products or Samples nor shall HunkiDori have any obligations or
liabilities in respect of any transaction or contract entered between
Buyers and Sellers.
- HunkiDori shall provide logistics services wherein our delivery
partners shall deliver to the Buyers, the Products and Samples ordered
through the App by the Buyers.
- Subject to Clause 3.8 above, HunkiDori does not, at any point of
time during any transaction between the Buyer and the Seller through the
App, come into or take possession of any of the Products offered by the
Seller nor does it, at any point, gain title to or have any right or claim
over the Products offered by the Seller to the Buyer. It does, however,
provide warehousing services for Samples and products as a part of its
Services to the Sellers but does not, in any point in time, gain title to
or have any right or claim over the Samples or products offered by the
Sellers to the prospective Buyers.
- You shall independently agree upon the manner and terms and
conditions of delivery, payment, insurance etc. with the Seller(s)
that You transact with.
- Disclaimer: In the event the pricing on any Product is
reflected incorrectly on the website due to some technical issue,
typographical error or the Product information published on the website is
incorrectly displayed or provided by the Seller, the Seller may cancel
your order.
- You release and indemnify HunkiDori and/or any of its officers
and representatives from any cost, damage, liability or other
consequence of any of the actions of all Users of the website and
specifically waive any claims that you may have in this behalf under
any applicable law. Notwithstanding its reasonable efforts in that
behalf, HunkiDori cannot take responsibility or control the
information provided by the Users which is made available through the
website. You may find any other User's information to be offensive,
harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Services. Please note that there
could be risks in dealing with underage persons or people acting
under false pretense.
Limited Use
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 through the App. Limited reproduction and
copying of the Content is permitted provided that HunkiDori’s name is stated as
the source and prior written permission of HunkiDori is sought. For the removal
of any doubt, it is clarified that unlimited or complete 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.
Throughout these Terms, HunkiDori’s
prior written consent means a communication issued by HunkiDori’s legal
department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorisation.
Use of the Services
You agree, undertake and confirm
that your access to and use of the Services shall be strictly governed by
the following binding principles:
- belongs to another person and to which You does not have any right
to;
- is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or
unlawfully harassing including but not limited to “indecent
representation of women” within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually
explicit content, or content that promotes obscenity, pedophilia,
racism, bigotry, hatred, or physical harm of any kind against any
group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or
unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive,
threatening, obscene, blasphemous, politically or religiously
charged, defamatory or libellous;
- infringes upon or violates any third party's rights including, but
not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorised disclosure of a person's name,
email address, physical address or phone number) or rights of publicity);
- promotes an illegal or unauthorised copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- contains restricted or password-only access pages, or hidden pages
or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
- provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
- contains video, photographs, or images of another person (with a
minor or an adult).
- tries to gain unauthorised access or exceeds the scope of
authorised access to any of the Services or to profiles, blogs,
communities, account information, bulletins, friend request, or other
areas of the App or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users;
- engages 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 Services;
- solicits gambling or engages in any gambling activity which we, in
Our sole discretion, believes is or could be construed as being
illegal;
- interferes with another User's use and enjoyment of the Services;
- refers to any content, website or URL that, at our sole discretion,
contains material that is inappropriate for the App, contains content
that would be prohibited or violates the letter or spirit of these Terms;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary
rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or
stolen Products or Samples;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive
or menacing in nature;
- impersonate another person;
- 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;
- 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;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade
or attempt to trade in any item, the dealing of which is prohibited
or restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
- shall not create liability for us or cause us to lose (in whole or
in part) the services of our internet service provider (“ISPs”) or
other suppliers;
- You shall not use any program, algorithm or methodology, or any
similar or equivalent manual process, to copy or, in any way reproduce or
circumvent the navigational structure or presentation of the Content on
the App, to obtain or attempt to obtain any data or information about the
App or the Content through any means other than that which has been
purposely made available through the App. We reserve our right to bar any
such activity.
- You shall not attempt to gain unauthorised access to any portion or
feature of the App, or any other systems or networks connected to the App,
by hacking, password 'mining' or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the App or
any network connected to the App nor breach the security or authentication
measures on the App or any network connected to the App. You may not
reverse look-up, trace or seek to trace any information on any other User
of or visitor to App, or any other customer, including any account on the
App not owned by You, to its source, or exploit the App or any service or
information made available or offered by or through the App, 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 App.
- You shall not make any negative, denigrating or defamatory
statement(s) or comment(s) about us or the brand name or domain name used
by us including the terms HunkiDori and www.hunkidori.in, or otherwise
engage in any conduct or action that might tarnish the image or reputation
of HunkiDori or any Seller on the platform or otherwise tarnish or dilute
any of HunkiDori ’s 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
App or HunkiDori’s systems or networks, or any systems or networks
connected to HunkiDori.
- You agree not to use any device, software, or routine to interfere
or attempt to interfere with the proper working of the App or any transaction
being conducted on the App, or with any other person's use of the App.
- You may not forge headers or otherwise manipulate identifiers to
disguise the origin of any message or transmittal you send to us on or
through the App or any service offered on or through the App. You may not
pretend that you are, or that you represent, someone else, or impersonate
any other individual or entity or access the App through another user's
account, unless authorised to do so.
- You may not use the App or any content for any purpose that is
unlawful or prohibited by these Terms, or to solicit the performance of
any illegal activity or other activity which infringes the rights of HunkiDori and/or others.
- You shall, at all times, ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules thereunder as
applicable and as amended from time to time and also all applicable
domestic laws, rules and regulations (including the provisions of any
applicable exchange control laws or regulations in force) and
international laws, foreign exchange laws, statutes, ordinances and
regulations (including, but not GST, custom duty, local levies) regarding
your use of the Services and your listing, purchase, solicitation of
offers to purchase, or offers of sale in respect of Products or Samples,
as may be applicable. You shall not engage in any transaction on any
Product or Sample, which is prohibited by the provisions of any applicable
law including exchange control laws or regulations for the time being in
force.
- You agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, publicity, database rights or any other rights
you have in your information, or in any media now known or not currently
known, with respect to your information. We will only use your information
in accordance with these Terms and the Privacy Policy applicable to your
use of the Services
- From time to time, you shall be responsible for providing
information relating to the products or services proposed to be sold by
you. In this connection, you undertake that all such information shall be
accurate in all respects. You shall not exaggerate or over emphasise the
attributes of such products or services so as to mislead other users in
any manner.
- You shall not engage in advertising to, or solicitation of, other
users of the Services to buy or sell any products or services, including,
but not limited to, products or services related to those being displayed
on the App or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other Users via the App. It shall
be a violation of these Terms to use any information obtained from the App
in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to another person other than us without our
prior explicit consent. In order to protect our Users from such
advertising or solicitation, we reserve the right to restrict the messages
or emails which a user may send to other Users in any 24-hour period to a
number which we deem appropriate in our sole discretion. 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 App)
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 authorise 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.
- We reserve the right, but have no obligation, to monitor the
materials posted on the website. HunkiDori
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 App and in your private messages. Please be advised that such Content
posted does not necessarily reflect HunkiDori’s views. In no event shall HunkiDori
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 App. 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,
tortious, or otherwise unlawful information.
- It is possible that other users (including unauthorised users or
'hackers') may post or transmit offensive or obscene materials on the App
and that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information
about you due to your use of the App, and that the recipient may use such information
to harass or injure you. We do not approve of such unauthorised uses, but
by using the App You acknowledge and agree that we are not responsible for
the use of any personal information that you publicly disclose or share
with others on the App. Please carefully select the type of information
that you publicly disclose or share with others on the App
- Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the App, 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
App.
No
Compensation
- If the quality of any Products, information, or other material
purchased or obtained by you through the App did not meet the Product
specifications displayed on the App, no compensation will be given other
than the return and refund or exchange of the Product as per these Terms.
If the quality of any Samples ordered through the App did not meet your
expectations, no compensation will be given other than the replacement of
the Sample as per these Terms. The Buyer cannot request compensation from HunkiDori
for any reason, including but not limited to: any variation in the finish
or appearance of the final Product or Sample; any delay in delivery caused
by unforeseen circumstances; any special, incidental, indirect or
consequential damage of any kind caused by a Product or a Sample,
including any reactions to skin or other body parts, 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 Buyer tried to purchase, etc.
- Unreasonable and unlawful requests for compensation,
over and above the entitled refund, will be treated as loss to business cases. HunkiDori
holds the rights to cancel orders and block accounts of such customers without
any prior notice.
Contents Posted on the App
- All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk as HunkiDori is merely an intermediary for the purposes of these Terms.
- Except as expressly provided in these Terms, no part of the Services and no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to the App or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without HunkiDori’s express prior written consent.
- You may use information on the Products and Samples purposely made available through the App for downloading, provided that You:
- do not remove any proprietary notice language in all copies of such documents;
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
- make no modifications to any such information; and
- do not make any additional representations or warranties relating to such documents.
- You shall be responsible for any such Content that you may transmit to and via or post through the App. Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and rules relating to Your Use of the Services as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Links
The Services may contain links to
third-party websites or resources. You acknowledge and agree that HunkiDori is
not responsible or liable for: (i) the availability or accuracy of such
websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources
do not imply any endorsement by HunkiDori of such websites or resources or the
content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
User
Warranty and Representation
You guarantee, warrant, and
certify that you are the owner of the content which you submit or otherwise
authorise us to use and that the content does not infringe upon the
intellectual property rights or other rights of third parties. You further
warrant that to your 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 you in
connection with the Services rendered through the App.
Exactness Not Guaranteed
We do not warrant that any
Product or Sample description or other Content made available through the App
is accurate, complete, reliable, current, or error-free and assume
no liability in this regard. HunkiDori hereby disclaims any guarantees of
exactness as to the finish and appearance of the final Product or Sample as
ordered by the User through the App.
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, the Services contains content to which HunkiDori owns all
intellectual property rights, 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
(“HunkiDori Content”). You acknowledge and agree that you shall not use,
copy, imitate, reproduce or distribute any HunkiDori Content without
obtaining authorisation from HunkiDori.
- Notwithstanding the foregoing, it is expressly clarified that you
will retain ownership and shall solely be responsible for any Content that
you provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other
material which you may upload, transmit or store when making use of our
various Services. Instead, you hereby grant to HunkiDori a non-exclusive,
fully paid and royalty-free, transferable, sub-licensable, worldwide
license to use the Content that you post on or through the Service,
subject to HunkiDori’s Privacy Policy.
- Some of the Service is supported by advertising
revenue and may display advertisements and promotions, and you hereby agree
that HunkiDori may place such advertising and promotions on the Service or on,
about, or in conjunction with your Content. The manner, mode and extent of such
advertising and promotions are subject to change without specific notice to
you. You acknowledge that we may not always identify paid services, sponsored
content, or commercial communications as such.
Disclaimers
and Limitations of Liability
Please read this section carefully
as it limits the liability of HunkiDori and its parents, subsidiaries,
affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the “HunkiDori
Entities”). Each of the subsections below only applies up to the maximum extent
permitted under applicable law. Nothing in this section is intended to limit
any rights you may have which may not be lawfully limited.
- Your access to and use of the Services or any Content are at your
own risk. You understand and agree that the Services are provided to you
on an “AS IS” and “AS AVAILABLE” basis without any representation or
warranties, express or implied except otherwise specified in writing.
Without limiting the foregoing, to the maximum extent permitted under
applicable law, THE HUNKIDORI ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Without prejudice to the foregoing, the HunkiDori Entities make no
warranty or representation and disclaim all responsibility and liability
for: (i) the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any Content; (ii) any harm to your computer
system, loss of data, or other harm that results from your access to or
use of the Services or any Content; (iii) the deletion of, or the failure
to store or to transmit, any Content and other communications maintained
by the Services; and (iv) whether the Services will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. No
advice or information, whether oral or written, obtained from the HunkiDori
Entities or through the Services, will create any warranty or
representation not expressly made herein.
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HUNKIDORI
ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,
GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO
OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR
CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION,
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)
UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HUNKIDORI ENTITIES
EXCEED THE AMOUNT YOU PAID HUNKIDORI, IF ANY, IN THE PAST SIX MONTHS FOR
THE SERVICES GIVING RISE TO THE CLAIM.
- THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HUNKIDORI ENTITIES HAVE
BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Nothing on the App constitutes, or is meant to constitute, advice
of any kind. All the Products sold through the App are governed by
different state laws and if the Seller or HunkiDori is unable to deliver
such Products due to implications of different state laws, the Seller will
return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to you.
There shall be no compensation, whether by way of credit or refund, in
respect of Samples as all Samples are delivered free of cost.
- The Users of the App are expected to update his/her
said app on regular basis, so that he/she can avail the latest services and is
duly aware of any change(s) in the HunkiDori policy. By registering your
phone number with us, You consent to be contacted by Us via phone calls
and/or SMS and/or Pop-up notifications, in case of any order or
shipment or delivery related updates. In the event of failure to update
the App by the User, the Users understands and agrees that HunkiDori shall not
be liable in any manner whatsoever.
Indemnification
You agree to indemnify,
defend and hold harmless HunkiDori, its associates and partners 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 HunkiDori that arise out
of, result from, or may be payable by virtue of, any breach or a law or any
right of any user including including but not limited to intellectual property
rights of a third party or a user or non-performance of any representation,
warranty, covenant or obligation to be performed by you pursuant to these
Terms.
Seller’s Obligations
- As a Seller registered on the App, you are allowed to list any
Product(s) for sale through the App in accordance with the Policies which
are incorporated by way of reference in these Terms. You must be legally
able to sell the Product(s) you list for sale on our App. You must ensure
that the listed Products do not infringe upon the intellectual property,
trade secret or other proprietary rights or publicity or privacy rights of
third parties. Listings may only include text descriptions, graphics and
pictures that describe your Product for sale. All listed Products must be
listed in an appropriate category through the App. All listed Products
must be kept in stock with the Seller for successful fulfilment of sales.
- As a Seller registered on the App, you are allowed to list any
Sample(s) through the App in accordance with the Policies which are incorporated
by way of reference in these Terms. You must be legally able to list and
distribute the Sample(s) you list on our App. You must ensure that the
listed Samples do not infringe upon the intellectual property, trade
secret or other proprietary rights or publicity or privacy rights of third
parties. Listings may only include text descriptions, graphics and
pictures that describe your Sample. All listed Samples must be listed in
the appropriate category in the Samples section on the App. You are requested
to ship the Sample(s) proposed to be listed by you on the App, to the
designated warehouse address provided by HunkiDori at least 5 (five)
working days prior to such listing, unless otherwise agreed by HunkiDori
in writing.
- The listing description of the relevant item must not
be misleading and must describe actual condition of the Product or Sample, as
may be applicable. If the item description does not match the actual condition
of the item, you agree to refund any amounts that you may have received from
the Buyer. You agree not to list a single Product or Sample in multiple
quantities across various categories on the App. HunkiDori reserves the right
to delete such multiple listings of the same Product or Sample listed by you in
various categories.
Payment
- While availing any of the payment method/s available through the
App, we will not be responsible or assume any liability, whatsoever
in respect of any loss or damage arising directly or indirectly to you due
to:
- Lack of authorisation for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and
between ”Bank(s)”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
- All payments made against the purchases on App by You shall be compulsorily
in Indian Rupees acceptable in the Republic of India. App will not
facilitate transaction with respect to any other form of currency with
respect to the purchases made on App.
- Before shipping/delivering your order to you, Seller may request
you to provide supporting documents (including but not limited to
Govt. issued ID and address proof) to establish the ownership of the
payment instrument used by you for your purchase. This is done in the
interest of providing a safe online shopping environment to our
Users.
Further:
- Transactions, transaction price and all commercial terms such as
delivery, dispatch of Products are as per principal to principal
bipartite contractual obligations between Buyer and Seller and payment
facility is merely used by the Buyer and Seller to facilitate the
completion of the transaction. Use of the payment facility shall not
render HunkiDori, its associates or partners liable or responsible for the
non-delivery, non-receipt, non-payment, damage, breach of representations
and warranties, non-provision of after sales or warranty services or fraud
as regards the Products listed on and purchased by Buyers through the
App.
- You have specifically authorised HunkiDori and its service
providers to collect, process, facilitate and remit payments and/or
the transaction price electronically or through cash on delivery to
and from other Users in respect of transactions through the relevant
payment system (“Payment Facility”). Your relationship with HunkiDori is
on a principal to principal basis and by accepting these Terms you
agree that HunkiDori is an independent contractor for all purposes,
and does not have control of or liability for the Products that are
listed on App that are paid for by using the Payment Facility. HunkiDori
does not guarantee the identity of any User nor does it ensure that a
Buyer or a Seller will complete a transaction.
- You understand, accept and agree that the Payment Facility provided
by HunkiDori is neither a banking nor financial service but is merely
a facilitator providing an electronic, automated online electronic
payment, receiving payment through cash on delivery, collection and
remittance facility for the transactions through the App using the
existing authorised banking infrastructure payment gateway networks.
Further, by providing the Payment Facility, HunkiDori, its associates
and partners are neither acting as trustees nor acting in a fiduciary
capacity with respect to the transaction or the transaction price.
Payment
Facility for Buyers
- You, as a Buyer, understand that upon initiating a transaction You
are entering into a legally binding and enforceable contract with the
Seller to purchase the Product(s) from the Seller using the
Payment Facility, and You shall pay the transaction price through
Your issuing bank to the Seller using the Payment Facility.
- You, as a Buyer, may agree with the Seller through
electronic communication and electronic records and using the
automated features as may be provided by the Payment Facility on any extension
/ increase in the dispatch and/or delivery time and the transaction
shall stand amended to such extent. Any such extension / increase of
dispatch / delivery time or subsequent novation/variation of the
transaction should be in compliance with the Payment Facility Rules
and Policies.
- You, as a Buyer, shall electronically notify the payment system
operation using the appropriate App features immediately upon
delivery or non-delivery of any Product within the time period as provided
in the Policies. Non-notification by You of delivery or non-delivery
within the time period specified in the Policies shall be construed
as a deemed delivery in respect of that transaction. In case of cash
on delivery transactions, the Buyer is not required to confirm the receipt
of Products.
- You, as a Buyer, shall be entitled to claim a refund of the
transaction price (as Your sole and exclusive remedy) in case You do
not receive the delivery within the time period agreed in the
transaction or within the time period as provided in the Policies,
whichever is earlier. In case you do not raise a refund claim using
the App features within the stipulated time, then this would make You
ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available
in full or in part for certain category of Products and/or transactions as
mentioned in the Policies and hence, You may not be entitled to a
refund in respect of the transactions for those Product.
- For electronic transactions, refund, if any, shall be made
at the same issuing bank from where transaction price was received
and such refund shall be made through the Payment Facility using NEFT
/ RTGS or any other online banking/electronic funds transfer system
approved by Reserve Bank India (RBI).
- For cash on delivery transactions, refunds, if any, will be made
via demand draft in favour of the Buyer (as per the registration
details provided by the Buyer).[2]
- Refund shall be made in Indian Rupees only and shall be equivalent
to the transaction price. On cancellation of orders above
₹5,000, refund will be settled post deduction of transaction fee.
- Refund shall be conditional and shall be with recourse available to
HunkiDori in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with applicable
Policies.
- HunkiDori reserves the right to impose limits on the number of
transactions or the transaction price which HunkiDori may receive
from an individual’s valid credit/debit/cash card/valid bank account/and
such other infrastructure or any other financial instrument directly
or indirectly through payment aggregator or through any such facility
authorised by Reserve Bank of India to provide enabling support
facility for collection and remittance of payment or by an individual
Buyer during any time period, and reserves the right to refuse to
process transactions exceeding such limit
- HunkiDori reserves the right to refuse to process transactions by
Buyers with a prior history of questionable charges including without
limitation breach of any agreements by Buyer with HunkiDori or
breach/violation of any law or any charges imposed by the respective
issuing bank or breach of any policy.
- HunkiDori may do such checks as it deems fit before approving the
receipt of/Buyer’s commitment to pay (for cash on delivery transactions)
the transaction price from the Buyer for security or other reasons at the
discretion of HunkiDori. As a result of such check, if HunkiDori is
not satisfied with the creditability of the Buyer or the genuineness
of the transaction/transaction price, it will have the right to
reject the receipt of / Buyer’s commitment to pay the transaction
price.
- HunkiDori may delay notifying the payment confirmation i.e.
informing the Seller, if HunkiDori is not satisfied with the creditability
of the Buyer or the genuineness of the transaction/transaction price
or for Buyers conducting high transaction volumes in order to ensure
safety and security in relation to the transaction. In addition, HunkiDori
may hold the transaction price and HunkiDori may not inform the Seller to
initiate dispatch of the Product or may remit the transaction price
to law enforcement officials (instead of refunding the same to the
Buyer) at the request of law enforcement officials in the event
the Buyer is engaged in any form of illegal activity.
The Buyer and Seller
acknowledge that HunkiDori will not be liable for any damages, interests
or claims, etc. resulting from not processing a transaction/transaction price
or any delay in processing a transaction/transaction price which is beyond
control of HunkiDori.
Compliance
with Laws:
The Buyer and Seller shall comply
with all applicable laws (including without limitation, the Foreign
Exchange Management Act, 1999 and the rules and notifications made and issued
there under and the Exchange Control Manual as may be issued by Reserve
Bank of India from time to time, the Customs Act, the Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, the Prevention of Money Laundering Act, 2002 and the rules made
thereunder, the Foreign Contribution Regulation Act, 1976 and the rules made
there under, the Income Tax Act, 1961 and the rules made there under, the
Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and the App.
Buyer’s
arrangement with Issuing Bank:
- All valid credit /debit/cash card and other payment instruments
are processed using a credit card payment gateway or appropriate
payment system infrastructure and the same will also be governed by the
terms and conditions agreed to between the Buyer and the respective
issuing bank and the payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed
using the payment gateway provided by the respective issuing bank
which supports the Payment Facility to provide these services to the
Users. All such online bank transfers on the Payment Facility are
also governed by the terms and conditions agreed to between Buyer and
the respective Issuing Bank.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the
material through the Services is presented solely for the purpose of sale/
ordering in India. HunkiDori makes no representation that materials made
available through the Services are appropriate or available for use in
jurisdictions other than India. Those who choose to access this site from
locations other than in India, do so on their own initiative and HunkiDori is
not responsible for the supply of Products or Samples/refund for the
Products/ replacement of the Samples ordered from other locations/countries
other than India, or compliance with local laws, if and to the extent local
laws are applicable.
Trademark,
Copyright and Restriction
- The Services are controlled and operated by HunkiDori, its partners
and associates and Products and Samples are offered for sale or ordering
by the respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights.
- All content included on the App, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of HunkiDori or its Sellers, unless owned by
any third party and protected by applicable copyright laws. All other such
content not owned by HunkiDori that appears on the App is the property of
the respective owners. All software used on this App is the property of HunkiDori
and is protected by applicable copyright laws. Any unauthorised copying or
reproduction of the above identified material is strictly prohibited by
law.
- ‘HunkiDori’, the HunkiDori logo and other marks indicated on the
App are trademarks of HunkiDori. Other HunkiDori graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade
dresses of HunkiDori. HunkiDori’s trademarks and trade dresses may not be
used in connection with any product or service that is not HunkiDori’s, in
any manner that is likely to cause confusion among users, or in any manner
that disparages or discredits HunkiDori. All other trademarks not owned by
HunkiDori that appear on this site are the property of their respective
owners.
- Material on the App is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or
other electronic means and whether directly or indirectly and You must not
assist any other person to do so. Without the prior written consent of the
owner, modification of the materials, use of the materials on any other
website or networked computer environment or use of the materials for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, is strictly
prohibited. Any use for which You receive any remuneration, whether in
money or otherwise, is a commercial use for the purposes of this clause.
Trademark
complaint
HunkiDori respects the
intellectual property of others. In case you feel that your trademark has been
infringed, you can write to HunkiDori at [email protected].
Delivery
HunkiDori will make a
maximum of three attempts to deliver a FULL SIZED product
ordered by you and a maximum of two attempts to deliver a
SAMPLE ordered. In case the Buyer is not reachable or does not accept delivery
of the Product or the Sample in these attempts, HunkiDori reserves the right to
cancel the order(s) at its discretion. An estimated delivery time is displayed
on the order summary page. On placing your order, you will receive an email
containing a summary of the order and also the estimated delivery time to your
location.
Sometimes, delivery may take longer
due to:
- Bad weather
- Flight delays
- Political disruptions, or
- Other unforeseen circumstances
In such cases, we will proactively
reach out to you. Please check your emails and SMS regularly for such updates.
Also, we will not be able to compensate for any mental agony caused due to
delay in delivery. The Buyer can cancel the order at any moment of time even if
the delivery time exceeds the expected delivery time. If it is a prepaid order,
the Buyer will be refunded back the relevant transaction price in the account
as soon as the order is successfully cancelled.
The Buyer agrees that the title to a Product or Sample is
transferred to the Buyer at the time of placing the order and dispatch
confirmation thereof irrespective of shipping of the Product or Sample and
cash on delivery, which are to be done in due course being separate
chargeable facilities”
Governing
Law
These Terms shall be governed by
and constructed in accordance with the laws of India. Any disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the courts at
[New Delhi].
Interpretation
of Number and Genders and Capitalised Words
The Terms herein shall apply
equally to both the singular and plural form of the terms defined. Whenever the
context may require, any pronoun shall include the corresponding masculine and
feminine. The words “include”, “includes” and “including” shall be deemed to be
followed by the phrase “without limitation”. Unless the context otherwise
requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar
import refer to the Terms as a whole. The capitalised words used anywhere in
these Terms shall have the meaning as is readily inferable from the context or
as they are commonly used and understood in their normal commercial sense.
Headings
The headings and subheadings herein
are included for convenience and identification only and are not intended to
describe, interpret, define or limit the scope, extent or intent of the Terms
or the right to use the App by you contained herein or any other section or
pages of the App or any Linked Sites in any manner whatsoever.
Severability
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.
Report
Abuse
As per these Terms, users are
solely responsible for every material or content uploaded on to the App. HunkiDori
does not review the contents in any way before they appear through the App. HunkiDori
does not verify, endorse or otherwise vouch for the contents of any user or any
content generally posted or uploaded on to the App. Users can be held legally
liable for their contents and may be held legally accountable if their contents
or material include, for example, defamatory comments or material protected by
copyright, trademark, etc. If you come across any abuse or violation of these
Terms, please report to HunkiDori.
Unauthorized Charges on your card
If you see charges on your
credit/debit card for purchases made through the App, but you never created an
account or signed up, please check with your family members or business
colleagues authorised to make purchases on your behalf, to confirm that they
haven’t placed the order. If you are still unable to recognise2 the charge,
please report the unauthorised purchase to HunkiDori within [•] days of the
transaction to enable HunkiDori to begin an investigation.
Prohibited
Uses
You agree not to use the App in any
way that
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other
person;
- is likely to harass, upset, embarrass, alarm or annoy any other
person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
Mispricing
Despite our best efforts, a small
number of Products in our catalogue are mispriced. However, we verify prices as
part of our shipping procedures. If a Product’s correct price is lower than our
stated price, we charge the lower amount and send you the Product along with a
refund of the excess amount as per these Terms. If a Product's correct price is
higher than our stated price, we will cancel your order and notify you of that
cancellation.
POLICIES
PROFANITY POLICY
HunkiDori prohibits the use of
language that is obscene, racist, hateful or otherwise disparaging in nature in
any manner whatsoever.
- This policy is applicable text
within listings, on Seller pages and all other areas of the site that another
User may view. If the profane words are part of a title for the item being
sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks.
- If a feedback comment, or any communication made between Users through the App; or email communication between Users in relation to transactions conducted on the App contain profane language, please submit a request for action/removal.
- Disciplinary action may result in
either an indefinite suspension of a User's account, a temporary suspension, or
a formal warning.
- HunkiDori will consider the circumstances of an alleged policy violation and the User's trading records before taking action.
Violations of this policy may
result in a range of actions, including, limits placed on account privileges,
loss of special status and account suspension.
DISPUTE
RESOLUTION POLICY
Overview
Generally, transactions are
conducted smoothly on the App. However there may be some cases where both the
Buyers and Sellers may face issues. At HunkiDori, we have a Dispute Resolution
process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a
disagreement between a Buyer and a Seller in connection with a transaction on
the App.
How does a 'dispute' occur in the
Marketplace?
Disputes are filed as a result of a
disagreement between the Buyer and the Seller. Disputes arise out of an issue
that is raised by either party not being completely satisfied with the
resolution of their complaint/issue.
It is important that before a
Buyer/Seller raises a dispute, they should attempt to resolve the issue
mutually. Please note that whenever a Buyer raises a dispute, the Seller's
payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement,
the Buyer can write to [email protected], in order to raise a
dispute. Disputes can be raised at any particular stage of the transaction.
What are the various types of
'disputes'?
Following are the indicative
examples of potential disputes:
- Wrong item received
- Seller description/specification is wrong
- Damaged item
- Part/Accessory missing
Please note that HunkiDori platform doesn’t allow refund
or return of goods purchased from website/app.
Disclaimer
It is the User’s responsibility to
log-in earlier if they want to avail better Products or Samples or styles
because placement of orders is “first come, first served”. The merchandise is
not restocked once sold out. No information regarding the presence of any
Product or Sample in our stock will be guaranteed and we will alert you only
when an item is sold out.
We, as an intermediary digital marketplace, shall be
under no liability whatsoever in respect of any loss or damage arising directly
or indirectly out of the decline of authorisation for any transaction, or on
account of the cardholder having exceeded the preset limit mutually agreed by
us with our acquiring bank from time to time.