Terms and Conditions
Before using our services, carefully read and understand the following terms and conditions ("Terms"). Your acceptance and compliance with these Terms are essential for using our services. By subscribing to or using any of our services, you automatically agree to be bound by these Terms, regardless of how you subscribe or use the services. If you do not wish to be bound by these Terms, you must refrain from subscribing to or using our services. It is important to note that these Terms, along with other policies, are legally binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011, which were formulated under the Information Technology Act of 2000.
In these Terms, the terms "you" or "User" refer to the end user accessing the Website, its contents, and utilizing the Services offered through the Website. "Service Providers" refer to independent third-party service providers, while "we," "us," and "our" pertain to hedaaz.com, the website created by Redballoon Technologies.
1. Introduction:
a) The e-commerce portal www.hedaaz.com ("Website") has been created by Redballoon Technologies
primarily for the sale of its Jewellery products under the brand name of HEDAAZ.
b) Your use of the Website is subject to your acceptance of all the terms, conditions, and notices stated in these Terms, which may be posted on the Website from time to time. hedaaz.com retains the sole discretion to refuse registration of a User on the Website without providing any reasons for the same.
2. User Account, Password, and Security:
Upon completing the registration process on the Website, you will receive a password and account designation. It is your responsibility to maintain the confidentiality of your password and account. You are fully accountable for all activities that take place under your password or account. You agree to (a) promptly inform hedaaz.com about any unauthorized use of your password or account or any other security breach, and (b) ensure that you log out of your account at the end of each session. hedaaz.com cannot and will not be held liable for any loss or damage resulting from your failure to comply with the obligations outlined in this Section 2.
3. Services Offered:
hedaaz.com offers a range of Internet-based services through its website (referred to as the "Service"). Among these services is the option for users to buy original merchandise, including Jewelry, clothing, footwear, and accessories from different fashion and lifestyle brands (collectively known as "Products"). The purchase of Products can be made through the Website using various available payment methods. Additionally, specific conditions related to individual Products may be provided, which will be displayed on the respective webpage of each Product.
4. Other policies:
By using hedaaz.com, the User gives their consent, expresses understanding, and agrees to have thoroughly read and comprehended the Privacy Policy, Shipping and Return Policy, and Cancellation Policies. These policies are essential components of the terms and conditions and should be considered in conjunction with the terms and conditions stated herein. Furthermore, the User agrees that they find the terms and contents of these policies acceptable.
5. Limited User:
The User agrees not to engage in reverse engineering, modification, copying, distribution, transmission, display, performance, reproduction, publication, licensing, creation of derivative works, transfer, or sale of any information or software obtained from the Website. Limited reproduction and copying of the Website's content are allowed, provided that HEDAAZ's name is cited as the source, and prior written permission from hedaaz.com is obtained. It is important to clarify that unlimited or wholesale reproduction, copying of content for commercial or non-commercial purposes, and unauthorized modification of data and information within the Website's content are strictly prohibited. The use of images from the Website is not permitted, and both images and texts remain the sole property of hedaaz.com.
6. User Conduct and Rules:
You agree and commit to using the Website and its Service exclusively for posting and uploading appropriate messages and materials. By way of illustration, and not as a limitation, you agree and undertake not to:
(a) Defame, abuse, harass, stalk, threaten, or otherwise infringe upon the legal rights of others.
(b) Publish, post, upload, distribute, or disseminate any content or information that is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
(c) Upload files that contain software or other materials protected by intellectual property laws unless you own or have the necessary rights or consents to do so.
(d) Upload or distribute files containing viruses, corrupted data, or any other software that could harm the Website's operation or other users' computers.
(e) Conduct or forward surveys, contests, pyramid schemes, or chain letters.
(f) Download any file from a Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
(g) Falsify or remove any author attributions, legal notices, or proprietary designations of software or other materials contained in an uploaded file.
(h) Violate any code of conduct or guidelines applicable to a particular Service.
(i) Violate any current laws or regulations in force within or outside India.
(j) Violate, abuse, unethically manipulate, or exploit any of the terms and conditions stated in this Agreement or any other terms and conditions governing the Website's use.
By agreeing to these terms, you affirm that you will comply with the stated guidelines and maintain proper conduct while using the Website and its Services.
7. User Warranty and Representation:
The user ensures, represents, and certifies that they either own the content they submit or have the appropriate authorization to use the content, and that the content does not violate the property rights, intellectual property rights, or any other rights of third parties. Additionally, the user warrants that, to the best of their knowledge, no legal action, suit, proceeding, or investigation has been initiated or threatened concerning any content, including trademarks, trade names, service marks, and copyrights, previously or currently used by them in connection with the services provided by hedaaz.com.
8. Exactness Not Guaranteed:
Hedaaz.com disclaims any guarantee of exactness regarding the final appearance of the ordered Product as seen on the Website. The quality of products, services, information, or other materials acquired through the Website may not meet your expectations. Certain aspects of your order, such as the brand, size, or colour of the merchandise, may need to be altered due to product availability or variations in size charts among brands. In such cases, Hedaaz.com will seek your approval via the provided email address. If you disagree with the requested changes, you have the right to reject the production alteration by replying within 10 days of receiving the request. Hedaaz.com may make one additional request for acceptance if an alternative shipping method is available. If you reject this second request, your order will be cancelled, and you will receive a full refund through your initial payment method.
The user acknowledges and understands that the product shown in the image may differ in color and size due to variations in photographic lighting, color profiles on different viewing devices such as monitors, computers, tablets, and mobiles. The actual size of the product may also differ from the image. The user agrees and confirms that they comprehend these discrepancies and accept the associated risks. Hedaaz.com will not be held liable to inform or refund the customer for any color or size differences resulting from the reasons mentioned in this clause. The customer relinquishes all rights to claim based on the reasons stated in this clause.
9. Intellectual Property Rights:
Unless explicitly indicated otherwise or expressly mentioned regarding proprietary material owned by a third party, Hedaaz.com holds all Intellectual Property Rights to the Website. This includes, but is not limited to, rights, title, and interest in copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you are prohibited from using, reproducing, or distributing any content from the Website owned by Hedaaz.com without obtaining prior authorization from Hedaaz.com.
10. Links To Third Party Sites:
The Website may include links to other websites ("Linked Sites"). These Linked Sites are not controlled by Hedaaz.com or the Website, and Hedaaz.com bears no responsibility for the content of any Linked Site, including any links within the Linked Site or any changes or updates made to it. Hedaaz.com is not accountable for any type of transmission received by you from any Linked Site. The links to Linked Sites are provided solely for your convenience, and Hedaaz.com or the Website does not imply any endorsement of the Linked Sites or any association with their operators, owners, legal heirs, or assigns. Users are advised to independently verify the accuracy of all information before relying on it.
11. Disclaimer Of Warranties/Limitation Of Liability:
Hedaaz.com has made every effort to ensure the accuracy of all information on the Website; however, it does not provide any warranties or representations regarding the quality, accuracy, or completeness of the data, information, products, or services. Hedaaz.com shall not be held liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from:
(a) The use or inability to use the Services or Products.
(b) Unauthorized access to or alteration of the user's transmissions or data.
(c) Any other matter relating to the services, including but not limited to damages for loss of use, data, or profits, resulting from the use or performance of the Website or Service.
Furthermore, Hedaaz.com shall not be responsible for delays or the inability to use the Website or related services, the provision or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Website, regardless of whether such claims arise from contract, tort, negligence, strict liability, or other legal theories.
Hedaaz.com disclaims responsibility for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or beyond Hedaaz.com's control.
The user understands and agrees that any material and/or data downloaded or obtained through the Website is done entirely at their own risk and discretion. They will be solely responsible for any damage to their computer systems or loss of data resulting from the download of such material and/or data.
12. Indemnification:
You agree to indemnify, defend, and hold Hedaaz.com harmless from any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements, as well as interest charges) that Hedaaz.com may incur due to any breach or failure to perform any representation, warranty, covenant, or agreement made by you, or any obligations to be fulfilled by you under these Terms.
13. Pricing:
HEDAAZ reserves the right to change prices, products, and services at its discretion, without prior notice.
14. Shipping:
Upon Hedaaz.com's shipment to the shipping carrier, the title and risk of loss for all products ordered by you will pass on to you.
15. Termination:
a) Hedaaz.com reserves the right to suspend or terminate your use of the Website or any Service if, in its sole and absolute discretion, it believes that you have violated, abused, or unethically manipulated any term of these Terms or acted in any unethical manner.
b) The Terms mentioned above will remain in effect indefinitely unless and until Hedaaz.com decides to terminate them.
c) In the event of termination of your use of the Website or any Service, Hedaaz.com may delete any content or materials related to your use of the Service, and it shall not be liable to you or any third party for such actions.
d) You will be responsible for paying for any Service or product that you have already ordered until the termination by either party. Additionally, you are entitled to your royalty payments as per the User License Agreement that has accrued or is legally deemed to accrue to you.
16. Governing Law:
These terms shall be governed by and interpreted in accordance with the laws of India, without reference to conflict of laws principles. Any disputes arising in relation to these terms shall be subject to the exclusive jurisdiction of the courts at New Delhi.
17. Severability:
If any provision of the Terms is found to be invalid or unenforceable, only that specific provision or part thereof shall be deemed invalid or unenforceable, while the remaining provisions of these Terms will remain in full force and effect.
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