Last updated: 21st October 2020
https://www.hfnlife.com (the “Website” and/or mobile application HFN Life (“App”) made available by Books and More by Heartfulness LLP, a partnership formed under Limited Liability Partnership Act 2008 , having its registered office at 13-110, Kanha Shantivanam, Kanha village, Chegur, Ranga Reddy pin code 509325 (“Company”, “us”, “we”, “our”). The Website and the App are collectively referred to as the “Platform”.
PLEASE NOTE THAT THE ITALICIZED PROVISIONS OF THESE USER TERMS ARE MERE SUMMARIES AND INDICATIVE OF THE KEY ELEMENTS OF THE PRECEDING CLAUSE. THE ITALICIZED PROVISIONS DO NOT FORM A PART OF THE AGREEMENT AND HAVE BEEN INCLUDED ONLY FOR YOUR CONVENIENCE. PLEASE READ THE DOCUMENT IN ITS ENTIRETY. READING THE SUMMARY DOES NOT ABSOLVE YOU OF YOUR RESPONSIBILITY TO READ THESE USER TERMS IN ITS ENTIRETY. IN CASE OF ANY CONFLICT BETWEEN THE SUMMARY AND THE CLAUSE PRECEDING IT, THE CLAUSE SHALL PREVAIL.
Who May Use Our Services
You may use our Services only if you are legally permitted and capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these User Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these User Terms and effectively “you” and “your” shall refer to such entity.
You must be legally competent to enter into an agreement to use our Services.
We have developed an online marketplace service which enables you to buy apparel, accessories, eye-care, home staples, organic foods and any other products that, in our view, promote conscious and balanced living (“Products”) and are listed thereon at the prices indicated from our sellers. We collect and deliver the purchased Products to your doorstep. Such services referred in preceding two sentences is hereinafter referred to as “Services”. We are merely an intermediary under the Information Technology Act, 2000 and the relevant rules made thereunder and do not control any transaction taking place on or through the Platform. All contracts relating to the sale of Products on the Platform are limited to between you and the seller at all times. It is clarified that the sellers have also understood and agreed to contents of these User Terms. You understand that even if our logo, branding, or any trademarks appear on any Products, we are not actually selling the Products ourselves and cannot assume any responsibility for such Products. Any recourse for product liability in such case shall lie against the seller.
We are merely a listing and delivery platform where you can purchase a variety of goods from various sellers. All agreements and contracts for purchase of goods is limited to between you and the seller.
How To Register For Our Services
You are not required to register yourself to browse through the Platform. You may purchase the Product(s) or avail any of the Services offered on the Platform as a (i) registered user, or (ii) a guest user. For the purposes of either registering with us to set up an account, or purchasing as a guest user, you will need to share your email address and mobile phone number with us as required. You may also register via third party social networking sites such as Facebook and Twitter (“Third Party Account(s)”).
You need to share certain information with us to buy any of the Products listed on the Platform.
Permission To Share Your Information With Third Parties
We may share any data that we may collect relating to your usage habits and patterns on our Platform to show you updates on new arrivals, product updates, upcoming sellers or any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products being advertised to you. You alone will incur all liabilities and consequences arising out of any transaction entered into by you.
We may share the data we collect from you with third parties to make your shopping experience a pleasure. However, we are not responsible for your interaction or consequence of your dealings with such third parties.
Third Party Links and Embeds
How companies and persons choose to behave and interact with you is outside our control. We are not responsible for your actions and experiences on third party websites, even if you access them through our Platform.
Availability of Goods
We list availability information for Products sold by the sellers on our Platform. Beyond what we say on the Product page or otherwise on the Platform, we cannot be more specific about availability of the Product. Further, the Products displayed may not be available for delivery or sale to you. Further, please note that dispatch and delivery date estimates are just estimates and are provided to us by our delivery partners. We do not guarantee the delivery of the Products to you as per the estimates. As we process your order, you will be informed by email if any Products you order turn out to be unavailable or if there is a delay in delivery of the purchased Product. Additionally, please note that there might be a case or incident whereby the sellers cancel your order or shipment owing to any reason. In such a case, we will only be required to return the amounts already paid by you for the Products. The return of the amounts will be made in accordance with our Cancellation; Returns and Refund Policy, as detailed in these User Terms below.
Product availability and timelines will be informed to you by the Platform, however we do not guarantee any timelines or availability.
While we provide listing services to various sellers, we do not actually endorse or manufacture any Products on our own. We are not involved in the manufacturing process or in the safety accreditation of any Products sold. In addition, although the Seller Terms entered into by and between us and the sellers requires sellers to provide accurate information, we do not attempt to confirm, and do not confirm its purported identity and licenses.
Mere listing on our Platform does not amount to endorsement of the Products listed. We do not vouch for any of the products or guarantee the quality of the Products.
Delivery Service Mechanism
We shall enable delivery services for any Products ordered through the Platform by the users and shall engage third-party service providers to deliver the Products and/or pick up the return packages, as required. The costs involved with regard to the delivery will be disclosed and shared with you at the time of making the purchase.
We will deliver the Products to your provided addresses and inform you of the costs related to the delivery.
Registration on the Platform is available free of cost and we do not charge any fee for browsing the Platform. However, you will be required to pay via our secured payment gateway for purchasing the listed Products. Please note that we merely facilitate the transaction between you and the seller through the payment gateway. Please further note that this in no way shall imply that we are the trustees or fiduciaries of the transaction or the transaction price, or that we are providing such services on our own account.
As required by applicable law, if you make a purchase of an amount equal to or above INR 2,00,000 (Indian Rupees Two Lakhs), you will be required to upload a scanned copy of your PAN card on the Platform, within 4 (four) days of making the purchase, failing which, the purchase made by the you will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted by you once, you will not be required to submit it again. Your purchase shall stand cancelled if there is a discrepancy between your name and the name on the PAN Card.
While browsing is free, you will have to pay via our payment gateway provider for the purchases you make with and through us. If you make any purchase equal to or more than INR 2,00,000 (Indian Rupees Two Lakhs), you will need to provide your PAN Card information.
Cancellation; Replacement and Refund Policy
In the event you wish to cancel an order placed on the Platform, you must do so only before the shipping ID is created and/or the cancellation option is available for your order on the Platform. If upon receiving an order, you are dissatisfied with a part of/the complete order for any reason (such as products being the wrong fit, or colour etc.), however, such reason not being that the Product is damaged, and desire a replacement or a refund for the order, you must report the same to us within 7 (seven) days of receiving such order, pursuant to which we may replace the order placed or refund the amount to you as per our discretion and the policy that would be mentioned on the Platform.
In the event that you have received a damaged product and desire a replacement or a refund for the order, you must report the same to us within 24 (twenty-four) hours of receipt of such order.
You may cancel the orders placed with us only before the shipping ID is created and/or the option to cancel is available on the Platform. You may demand a refund/replacement of the delivered order within 24 (twenty-four) hours of it being delivered to you, if delivered damaged, and within 7 (seven) days, if you are dissatisfied with the order.
The Services are provided on an “as is” and “as available” basis. We disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Additionally, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods purchased through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any Service or Products purchased through the use of the Platform, remains solely with you, to the maximum extent permitted under applicable law.
We are an intermediary under law and only list the sellers and Products. You acknowledge that consequences of all transactions you enter into are to be borne only by you and that we make no guarantee regarding the quality, safety or appropriateness of the Products sold.
Limitation of Our Liability
To the extent permitted by law, we will not be liable to any user for any direct, indirect, consequential loss or damage, of any kind whatsoever, even if you have informed us of the same, arising under or in connection with:
- use of, or inability to use, the Platform;
- use of or reliance on any Content displayed on the Platform;
- use of the Services provided through the Platform;
- loss of profits, sales, business, business opportunity or revenue;
- business interruption; or
- loss of business opportunity, goodwill or reputation.
We will not be liable for any of the losses or costs incurred by you on grounds of your use or inability to use our Services.
Indemnification and Release
To the maximum extent permitted by applicable law, you shall indemnify and hold harmless us, our owners, licensee, affiliates, sister associations, subsidiaries, group companies (as applicable) and their respective officers, directors, functionaries, trustees, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these User Terms, or your violation of the applicable law or the rights (including infringement of intellectual property rights) of a third party.
You hereby expressly release us, our affiliates and their officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers and specifically waive any claims or demands that you may have in this regard.
You will indemnify us for all costs incurred by us because of your violation of these User Terms, you expressly release us from any liability arising out of action or inaction by the sellers.
If you wish to stop using our Services, please write to us at firstname.lastname@example.org.
You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your email address and other contact details, you will be solely responsible to update them regularly. If we send any communication by email, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our email id.
We will communicate with you through email and the messenger boards we place on the Platform.
Subject to your compliance with these User Terms we grant you a limited licence to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. You do not have any right to the content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and their compilation. All Content used on the Platform is the property of us, our affiliates/associated organizations or its software suppliers and is protected by applicable intellectual property laws. You shall not systematically extract/or reutilise parts of the Contents of the Platform. In particular, you shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform or probe our system architecture for any purpose. You shall not create and/or publish your own database that features any parts of the Platform (including but not limited to (e.g.: prices and Product(s) listings). If you violate the intellectual property rights or infringe upon our rights, we may report your actions to the appropriate authorities and initiate appropriate legal proceedings against you.
Please do not infringe upon our intellectual property rights or attempt to jeopardise the Platform. If you do so, we may initiate legal action against your violations and infringements.
You will be responsible for implementing protection from any viruses, trojans, or other malicious technology that may be harmful material to you. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000, the Indian Penal Code, 1860 and/or any other statute in force in India. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
We will not be liable for any loss or damage to your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or your downloading of any Content from it, or on any website linked to it.
You will not hack into or introduce malicious software of any kind onto the Platform. If you commit such actions, we may remove you from the Platform and even have to report your actions to the police.
Reviews, Comments and Other Material
You may post reviews, comments and other content, send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In the event you use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content, we reserve the right, to remove, refuse, delete or edit any content that in our sole discretion violates these User Terms and may terminate your permission to access or use the Platform and/or Services.
If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, including your user name and profile throughout the world in any media.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Platform; that, as at the date that the Content or material is submitted to us: (i) is accurate; (ii) use of the content and material you supply does not breach any applicable laws and third party rights (including intellectual property rights), our policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates or sister organizations arising out of or in connection with a breach of any of these warranties.
We may allow you to post comments and reviews relating to the various Products, sellers and Services provided as under these User Terms, as long as you do not violate any law, our policies, or third-party rights. You will allow us to republish and share your comments, content created and user profile as appropriate.
Term and Termination
We reserve the right to refuse to continue providing you with access to this Platform and the Services at our sole discretion. This Platform is not available to persons whose account has been suspended or terminated by us for any reason whatsoever. Provided, however, certain sections of these User Terms such as Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification and General Terms (as given below), shall continue to remain in full force and effect indefinitely.
Who Has Rights Under these User Terms
The rights and obligations under these User Terms are granted only to you and shall not be assigned to any third party without our consent. We are, however, permitted to assign our rights and obligations under these User Terms to others.
How We Will Handle Disputes
In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Hyderabad shall have exclusive jurisdiction over all such disputes.
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
- Use of the Services and the Platform will be in compliance with all laws in force in the territory of the Republic of India.
- If any aspect of these User Terms is unenforceable, the rest will remain in effect.
- Any amendment or waiver to these User Terms must be in writing and signed by us. However, we may amend these User Terms at our discretion at any time which will be binding on you if you use the Platform in any manner.
- If we fail to enforce any aspect of these User Terms, such failure will not be a waiver.
- We reserve all rights not expressly granted to you.
If you have any general queries relating to the Platform, or come across any abuse or violation of these User Terms, or for general feedback, please email us at email@example.com or write to our Grievance Officer at the following address:
Name: Karthik Natarajan
Complete Address: 13-110, Kanha Shantivanam, Kanha village, Chegur, Dist:- ranga reddy,
Office Hours: 9 Am to 6 pm