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This website i.e. https://www.hummel.net.in/ (“Website”) deals with the information, content and services provided by Hummel India Private Limited (“Hummel”, “Us”, “We” or “Our”) having its corporate office at 1107, 11th Floor, Signature Tower, NH-8, Sector 30, Gurugram, Haryana-122001, India. The Website provides its users (“User”, “You” or “Your”) information/content with respect to Hummel, its operations and the products sold by it, on/through the website and the ancillary services rendered by it. All the information/content provided on the Website is for Users information only and the products available thereon and information pertaining thereto constitute solely an "invitation to offer”. The access to this Website is subject to the prior acceptance of this Terms of Use (“T&C”) and, the terms and conditions mentioned herein under. These T&C constitute a valid and legally binding agreement between Hummel and the User. The following terms and conditions and any amendment or modification made thereto, govern the use of this Website and any content made available from or through this Website.
By accessing this Website, the User warrants that the User has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. We may change these terms at any time without any prior notice in writing or otherwise to the User, by posting changes on the Website. The User may review these terms regularly to ensure that the User is aware of any changes made by Us. The continued use of Our Website by the User, after changes are posted shall amount to User’s acceptance to be legally bound by these terms as updated and/or amended. In case of any violation of these T&C or any additional terms posted on Website, We reserve the right to seek all remedies available in law and in equity for such violations.
General:
We do not guarantee that the Website, or any content/information on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to the User if for any reason the Website, its content, products and/or services available thereon is unavailable/unserviceable at any time and/or for any period.The User is responsible for making all arrangements necessary for the User to access the Website (including, having access to an internet connection and an appropriate browser).The User is also responsible for ensuring that all persons who access Our Website through the User’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with the same.
Term:
These T&C shall continue to be valid and binding upon the User until, the User continues to access and use the Website. We may suspend or terminate the User from the use of the Website at Our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under these T&C, these T&C will survive indefinitely unless and until We choose to terminate them.
Eligibility:
The User must be competent and eligible to enter into legally binding agreement as determined by the provisions of Indian Contract Act, 1872.The User must be above 18 (eighteen) years of age and must be a citizen of India. However, if the User is below 18 (eighteen) years of age then the User must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: (i) User’s actions; (ii) User’s use of any of the services, information and functions made available on the Website or purchase of the products, goods or merchandise (including any part thereof) made available for sale on the Website; and (iii) User’s acceptance and compliance with these T&C. If the User is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), User must stop using/accessing the Website.The User should be of sound mind and should have a firm contractual capacity.
Registration:
The User may access areas of the Website that require registration by logging-in and becoming a registered member on the Website. The User agrees to be responsible for maintaining the confidentiality of the passwords or other account identifiers which the User may choose and all activities that occur under User’s account. By registering on the Website, User agrees that:User’s account and password are personal to the User and may not be used by anyone else to access the WebsiteUser will not do anything which would assist anyone who is not a registered User to gain access to any area of the Website requiring registration; andUser will not pass off as and/or impersonate another User.User agrees to notify Us immediately in case of any unauthorised use of the User’s password or account identifiers by others.
Termination of registration:
If the User no longer wishes to have a registered account, the User may terminate his/her/its account by deleting the same as provided on the Website. If the User no longer accepts these terms and conditions, or any future modification to this T&C, User must cease using the Website, continued use of the Website indicates User’s continued acceptance of these T&C. If, for any reason, We believe that the User has not complied with these T&C, We may, at Our sole discretion, cancel User’s access to the registration areas of the Website immediately and without prior notice.We may terminate User’s registered account, at Our sole discretion, by emailing the User at the email-address used for registration stating that the registered account has been terminated.
Acceptable Usage:
The User will not copy, reproduce, republish, download, make available to the public, or otherwise use Our Website and/or content/information in any way except for the User’s own personal and non-commercial use. The User also agrees not to adapt, alter or create a derivative work from any part of Our Website and/or content/information except for the User’s own personal and non-commercial use. Any other use of Our Website and/or content/information requires Hummel’s prior written permission.The User agrees to use Our Website only for lawful purposes and in any way that does not infringe the rights of, restrict or inhibit anyone else's use of Our Website.It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on Our Website and elsewhere on the Internet, which are likely to be accessible for a long time and the User has no control over who will read them eventually. It is therefore, important that the User is careful and selective about the personal information that the User may disclose about himself/ herself/ itself and others, and in particular, the User should not disclose sensitive, proprietary or confidential information in his/her/its comments to Our public sections/forums.Any commercial or promotional distribution, publishing or exploitation of the Website or any content, information, code, data or materials available on or available through the Website, is strictly prohibited. Other than as expressly allowed herein, the User may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. The User further agrees that he/she/it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The User acknowledges that he/she/it does not acquire any ownership rights by downloading any copyrighted material from or through the Website. If the User makes other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, the User may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.The User must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website.In connection with submissions by Users, User further agrees that he/she/it will not submit material that is personal information of himself/herself/itself or a third party; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Hummel all of the license rights granted herein.
Content:
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, whether provided by Hummel, independent professionals/consultants/experts, visitors to the Website or others, is solely at the User’s own risk.The User may be able to link from the Website to third party sites and third-party sites may link to the site (“linked sites”). The User acknowledges and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by Us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on Our Website does not imply Hummel’s endorsement, sponsorship, or recommendation of that site and/or any product sold on or any service rendered by such site. Hummel disclaim any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any site to which links are provided on this Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, We are not responsible for any form of transmission received from any linked site. Any reliance on the contents of a third-party site is done at the User’s own risk and the User assumes all responsibilities and consequences resulting from such reliance.
Products Purchase:
All products and information displayed on the Website constitute an "invitation to offer". Placing an order on the Website shall constitute an "offer" which shall be subject to the terms and conditions as detailed in these T&C and other website documents i.e. the Privacy Policy, Disclaimer and the Return Policy. Hummel may accept or reject User’s offer in its sole discretion which cannot be contested by the User.Once the request is placed it is an express intention to purchase the product and the same may not be cancelled except as per the process stated on the Website. Based on the information provided by the User and subject to Hummel’s prima facie verification of the same, the requests will be accepted by the Hummel for processing and the same will be confirmed via Website/e-mail. The images of the products shown on the Website are for visual representation only and the color/size of the actual product may vary from its visual representation on the Website.Hummel does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.Hummel shall not be responsible if some purchase request is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving Hummel.The purchases of products from this Website by You, does not transfer/enure any of the intellectual property rights or other proprietary rights related to the products, their design or concepts to You.
Pricing and Payment:
Hummel aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information. In each such case and incase of non-availability of the product, notwithstanding anything to the contrary, Hummel reserves the right to cancel the order without any further liability save and except for the refund of any amount charged against it.Any discounts/offers provided on the Website shall also be subject to the terms of the said discount/offer along with the terms of these T&C and other Website documents.Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and the User shall be made aware of the same before making payment.Prices are subject to change without any notice. All prices on this Website are in Indian Rupees. For international cards used on the Website, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice.Hummel accepts online payment via Credit Card, Debit Card and Net Banking. The User is solely responsible for all charges owed for all products purchased through the Website. The products can be purchased by a User by one-time lump sum payment orThe User agrees, understands, confirms and states that the payment details provided by the User to transact on the Website will be correct, accurate and is owned by the User. In the event User uses a card/net banking account belonging to any third party, then, User confirms that User has been authorized to or expressly permitted by such third party to use such card//net making account for making payment. The liability for use of a card fraudulently will solely be on the User and the onus to 'prove otherwise' shall be exclusively on the User.User shall be solely responsible for compliance of all applicable laws for making payments to Hummel. In addition to all other remedies available under law and equity and as detailed under these T&C, Hummel reserves the right to recover any and all costs, expenses, charges, damages of any nature whatsoever, from any User using the Website fraudulently. Further, the Hummel reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these T&C.
No Liability:
The content and other information on this Website including any information with respect to the products ‘offered for sale’ thereon, is provided on an "as is" and “as available” basis. To the fullest extent permitted by law, Hummel:excludes all representations and warranties relating to this Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Website; andexcludes all liability for damages arising out of or in connection with the disclosure of the information and/or User’s use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the User have advised Hummel of the possibility of such potential loss), damage caused to the User in any manner whatsoever including but not limited to the User’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.The use of this Website is entirely at the User’s own risk, and in no event, shall Hummel be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties or liabilities arising out of or relating in any way to this Website or site accessed through this Website, and/or content or information provided herein. HUMMEL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION OF A USER, CAUSED DUE TO USE OF ANY PRODUCT OR BASED ON THE CONTENT AVAILABLE ON THE WEBSITE. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT/INFORMATION ON THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT/INFORMATION.The User’s sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
Indemnity:
The User agree to indemnify, defend and hold harmless Hummel, its officers, partners, directors, employees, agents, representatives from and against any/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 Hummel that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these T&C.The User agrees that the User is solely responsible for anything he/she/it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Website, and that the User agrees to defend, indemnify, and hold
Intellectual Property Rights:
The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of Hummel or respective third parties. The User is not permitted to use the same for any purpose whatsoever.Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Hummel owns all intellectual property rights to and into the trademark “Hummel” and the Website including, without limitation, any/all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he/she/it shall not use, reproduce or distribute any content from the Website belonging to Hummel.The Users agree and acknowledge that any infringement of the intellectual property rights of Hummel will result in legal action against the User.Hummel respects the intellectual property of others, and We ask Our Users to do the same. Hummel has no responsibility for content on other apps linked to the Website that You may find or access. It is Hummel's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Hummel and/or others.
Warranty:
All content is available on "as is" and “as available” basis, without warranties, representations, or guarantees of any kind. Hummel disclaims any/all implied warranties in respect of content on Website.Hummel makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website. We do not guarantee that the Website will be secure or free from bugs or viruses and the Users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Hummel does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked app/website/content or featured in any banner or other advertising, and Hummel will not be a party to or in any way be responsible for any transaction between You and third-party providers of products or services.
Applicable Law and Jurisdiction:
These T&C are governed by the Indian laws, without respect to its conflict of laws principles. The parties expressly agree that in case of any dispute arising out of services rendered, access or use of the Website or content/information provided therein, they shall make all attempts to resolve it by amicable settlement and discussion, the courts at Gurugram, Haryana shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of User’s use and access of the Website.
Entire Agreement:
These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Hummel and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.
Severability:
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.
Notices:
Any/all notices, statements or other communication relating to any disputes, grievances experienced by the User shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to Us at the following address:
Address: 11th, B-1107, Signature Tower Block-B, NH-8, South City I, Gurgaon, Haryana, 122001
E-mail Address: legal@hummel.net.in
