THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC CONTRACT NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THE DOMAIN NAME WWW.HANDTRIBE.COM (HEREINAFTER REFERRED TO AS “WEBSITE”) IS OWNED BY HANDTRIBE E-RETAIL PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WITH ITS REGISTERED OFFICE AT 301, LIDO TOWER, NR. SNDT UNIVERSITY, SANTACRUZ WEST, MUMBAI 400045 (HEREINAFTER REFERRED TO AS “HANDTRIBE”).
For the purpose of this document, wherever the context so requires “YOU” or “USER” shall mean any natural or legal person who has agreed to become a Buyer or a Seller on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Handtribe allows the User to surf the Website or making purchases without registering on the Website. The term “WE”, “US”, “OUR” shall mean Handtribe E-Retail Private Limited.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior notice to you. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Website. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website following the changes constitutes your acceptance of the updated Terms.
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
MEMBERSHIP AT HANDTRIBE
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if you wish to use or transact on website, you may only use our Services under the supervision of a parent or legal guardian.
Handtribe reserves the right to terminate your membership and / or refuse to provide you with access to the Website at any time without according any reasons for doing so.
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
You’re solely responsible for any activity on your account. If You’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If You’re registering as a business entity, You personally guarantee that You have the authority to agree to the Terms on behalf of the business. Also, Your accounts are not transferable.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Handtribe of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Handtribe cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Handtribe or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Handtribe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Handtribe has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
USER OBLIGATION AND ROLE OF HANDTRIBE
Subject to compliance with the Agreement(s), Handtribe grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Handtribe. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Handtribe using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in or1der to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Handtribe does not endorse any User Content on the Website and is not responsible or liable for any User Content. Handtribe reserve the right to disable access to the User Content on the Website.
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Handtribe is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Handtribe is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Handtribe neither recommends You to buy or sell any Products on the Website nor does Handtribe endorses any such Products and nor does Handtribe provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Handtribe does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
Belongs to another person and to which the User does not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Threatens the unity, integrity, defense, 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 of any other nation;
Infringes any patent, trademark, copyright or other proprietary rights;
Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Handtribe server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Handtribe, including any Handtribe Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Handtribe or other third parties;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the terms of the Agreement.
You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit.
There may be certain orders that Handtribe is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in Handtribe’s inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Handtribe for the same, Handtribe may inform the seller to provide or facilitate the provision of such services to the buyer. Handtribe is not and shall not be obliged to provide any such additional services. Handtribe’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Content : All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content. Handtribe has no control over third party user generated content and only acts as an intermediary for it’s sellers.
Permission to use Your Content : By posting your Content on Handtribe, you provide Handtribe with the Rights to use your content for the website. This means that while you maintain all necessary Rights to your Content, you provide us with your permission to use your Content for the sake of promoting the website. All Third Party Content is provided on an ‘As Is’ basis.
Rights you grant Handtribe : By posting your content here, you grant Handtribe a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to the Content or any of its elements for any type of use 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.
Unauthorized Content : You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. Handtribe is committed to following appropriate legal procedures to follow intellectual property rights. If Your content has been posted to Handtribe without Your knowledge or expressed permission, please follow the steps in our Intellectual Property Rights Policy for Handtribe to identify and remove infringing content.
Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Handtribe does not provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Handtribe shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
TERMINATION BY YOU. You may terminate your account with Handtribe at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you’re still liable to pay any outstanding bills.
TERMINATION BY HANDTRIBE. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. Handtribe may refuse service to anyone, at any time, for any reason.
If you or Handtribe terminate your account, you may lose any information associated with your account, including Your Content.
WE MAY DISCONTINUE THE SERVICES. Handtribe reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
SURVIVAL. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
WARRANTIES AND LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, Handtribe will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Handtribe also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.
You expressly understand and agree that, to the maximum extent permitted by applicable law Handtribe will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Handtribe has endeavored to ensure that all the information on the website is correct, but Handtribe neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Handtribe shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Handtribe shall not be held responsible for 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 for any reason beyond Handtribe’s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Handtribe is not responsible for any typographical error leading to an invalid coupon. Handtribe accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Handtribe, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
Handtribe may notify You of any claims which You shall be liable to indemnify Handtribe against. You will then be required to consult with Handtribe regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Handtribe without the express prior written consent of Handtribe which can be withheld or denied or conditioned by Handtribe in its sole discretion.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Handtribe, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Handtribe has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Handtribe chooses to terminate them. Handtribe may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Handtribe may also cancel all your unfulfilled orders on the Website without any obligation or liability towards You.
GOVERNING LAW AND JURISDICTION
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Handtribe’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Handtribe to any third parties without the requirement of seeking Your prior consent. Handtribe may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Handtribe shall have right to transfer Your Account and Account Information to a third party who purchases Handtribe’s business as conducted under the Website.
CHANGES TO THE TERMS
Handtribe is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to You by Handtribe is, in Handtribe’s opinion, no longer commercially viable;
Handtribe has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
In the event Handtribe faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
SOME FINER LEGAL TERMS
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Handtribe regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.