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The Website / Mobile App is currently owned and operated by A.TOSH&SONS(INDIA)LTD
You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.
2. Registration / Account Holder Eligibility Criteria : Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:
Any person may access the Website and the Products posted on the Website, either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website. All terms & conditions of use of the website shall be applicable even when the website is accessed / used by you as a ‘GUEST’ without creating an Account.
You need not register with HILLCART to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”).
To create an account, you must submit your name and email address through the account registration page on the Website / Mobile App and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to HILLCART in providing you with a more customized experience when using the Website.
You are solely responsible for safeguarding your HILLCART password (“Password”) at all times and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall ensure that you have successfully logged out of your account after every session. You shall notify HILLCART immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without HILLCART’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not HILLCART will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HILLCART or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
You will not copy or distribute any part of the Website in any medium without HILLCART’s prior written authorization.
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” “deep-link”, “page-scrape”, etc 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 any Content therein, 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 purposely made available through the Website for any purpose without HILLCART’s prior written approval.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not in any manual or automated manner collect information relating to Products, Services, Professionals or Clients, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
You shall not in any way, in a given period of time, transmit more request messages to the HILLCART servers, or any server of a HILLCART subsidiary or affiliate, than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. HILLCART reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form, Product Manufacturers, Service Professionals or employees of HILLCART, for employment or contracting for a business not affiliated with HILLCART without express written permission from HILLCART.
You shall not take any action that
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. Saved Information : Upon your access / use of the Website, the following information shall be submitted by you and stored in our servers:
The above mentioned data is collected and preserved for maximising the efficiency of the services being provided through the website and also to resolve / upgrade technical issues relating to the use of the Website. Such information may also be preserved for the purposes of tax or regulatory compliance and to monitor your use of our Services in order to ensure your compliance with our Terms of Service.
HILLCART ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS) and storage in encrypted form on secure servers. However, in spite of all security measures, HILLCART cannot guarantee the security of our database, nor can we guarantee that the information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk and in case of any breach or in case of any consequences or losses (whether direct or indirect), HILLCART shall not be held responsible or liable for the same in any manner whatsoever.
HILLCART shall place a small text file (COOKIE) on the User’s browser device in order to enable various features of the Website and to store user preferences and to track user trends, so as to enhance the User’s interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. “Cookies” shall be deemed to be accepted by you unless the device settings are changed to ‘not accept’ cookies.
1. Prohibitions On Submitted Content : You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”) or the posting of any opinions or reviews in connection with the Website, the Service, the Products, the Product Manufacturers / Producers, the Service Professional (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
misrepresents the source of anything you post, including impersonation of another individual or entity;
is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way;
invades anyone’s privacy in any manner whatsoever, without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage HILLCART or any third party;
is pornographic, harassive, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant HILLCART all of the license rights granted herein;
contains any harmful virus or intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a HILLCART employee, agent, manager, host, another user, or any other person though any means;
advertises or solicits a business not related to or appropriate for the Website (as determined by HILLCART in its sole discretion);
contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, unsolicited commercial advertisement, contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
2. No Discrimination : Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. HILLCART will not knowingly accept any Posting which is in violation of the law. HILLCART has the right, in its sole discretion and without prior notice to you, to immediately remove any posting that discriminates or is any way in violation of any law.
Clients / Customers Shall Not :
1. No Confidentiality : The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, Your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, HILLCART does not guarantee any confidentiality with respect to any Submitted Content.
HILLCART may also disclose user information including personal information if HILLCART reasonably believes that disclosure
2. Your Representations And Warranties : You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. You agree to pay for all royalties, fees, and any other monies owing to any person / entity by reason of any Submitted Content posted by you to or through the Website.
3. Your Ownership Rights And License To Hillcart : You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to HILLCART for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to HILLCART a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and HILLCART’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels.
4. Hillcart’s Disclaimers And Right To Remove
HILLCART has high regard for intellectual property and expects the same level of standard to be employed by its users. HILLCART may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
HILLCART reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that HILLCART shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website or the services offered by HILLCART.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by HILLCART.
The Hillcart Tales and The Hillcart Tales logo are registered trademarks of A.Tosh & Sons (India) Ltd.
All other (registered or unregistered) trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Site are either (registered or unregistered) trademarks, service marks, domain names, logos, company name or indicia of origin or are otherwise the property of The Hillcart Tales.
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Data on the Website is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HILLCART reserves all rights not expressly granted in and to the Website and the Data.
By use of the website, you are granted a limited, non-sub licensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Agreement and does not include:
Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of The Hillcart Tales, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
1. Products / Services : The Website operates as a market place and acts as an online platform to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website reserves the right to withdraw the Products or terminate the services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end and from any consequence arising from the use of the Products.
HILLCART hereby disclaims any guarantees of exactness as to the quality, finish and appearance of the final Product as ordered by the Client / User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed, supported, guaranteed or warranted by HILLCART.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchant-ability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or incorrect product information and in such an event HILLCART may cancel such your order(s). Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
2. Payments :
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
3. Shipping & Delivery :
4. Taxes, Forex Conversion Charges, Payment Gateway Charges Etc : All prices for the products shall be in INR. You shall be liable to pay all taxes, forex conversion charges (in case the products / services are being purchased from abroad with the intent of delivery in India), payment gateway charges etc as may be applicable in respect of the Products / services being purchased / availed by you and/or the payments made by you.
5. Return & Replacement :
In case of claim of return on the ground of pilferage or defective / damaged product, such claim shall be lodged with 24 hours of delivery of the product by sending an e-mail, along with a photograph of the product to email@example.com, subject to individual return policies of each product.
The packaging of the product, as received, should be kept intact and the return should be made with the original packaging.
Upon receipt of the e-mail as mentioned above, Products acknowledged by us as ‘damaged’ or ‘defective’ will be collected by us.
6. Refund : Once products are successfully returned or in case the User does not receive the delivery within the time period agreed, the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode. All refunds shall be made in Indian Rupees only.
In case of refund arising from the return of any product due to the same being accepted by us as being ‘defective’ or ‘damaged’, such refund shall me made within 14 (fourteen) days of the product being received back by Hillcart at its facility.
All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable).
1.TERM: This Agreement shall commence on the start and end dates specified on the Member Registration form or generated upon purchase of any service package.
2. Cancellation & Termination Policy :
3. Consequences Of Termination : In the event of termination or expiry of this Agreement for any reason whatsoever, without prejudice to such other rights as may be available under this Agreement or under the law:
If a dispute arises between you and HILLCART, the same shall be resolved amicably through dialogue between the two parties. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at firstname.lastname@example.org Any dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation and in case of such arbitration, the same shall be referred to a sole Arbitrator referred by Hillcart and the venue of such arbitration shall be in Kolkata, India.
HILLCART may display advertisements, third-party links and promotions on the service on the Website. The manner, mode and extent of advertising by HILLCART on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by HILLCART of any advertised products or services. You agree that HILLCART shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be HILLCART’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that HILLCART shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource.
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, HILLCART and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the products & services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. HILLCART does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or Client or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. HILLCART does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. HILLCART will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services who you may have come into contact with through Hillcart’s platform. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
1. In no event shall HILLCART, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to any personal loss or loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any
2. In no event shall the total, aggregate liability of HILLCART, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of money actually paid to HILLCART by you hereunder in respect of the product or service forming the cause of such contention.
You further acknowledge and agree that HILLCART shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to personal loss or loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
3. The website may contain links to third-party websites that are not owned or controlled by HILLCART. HILLCART does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, HILLCART will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve HILLCART from any and all liability arising from your use of any thirdparty website.
4. All Products & Services provided by HILLCART shall be delivered on best effort basis (Including where product & services are being delivered in association with a third party partner) and HILLCART shall not be liable or responsible for inaction, incompetence or other service failures and/or any issue relating to any product purchased through the Website.
If you have a dispute with one or more website users, you forever release HILLCART (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.
2. Statute Of Limitations : You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. Section Headings: The section headings