TheHardwarebazar Terms of Use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.TheHardwarebazar.com][www.TheHardwarebazar.com] (“Website”), including the related mobile
site and mobile application (hereinafter referred to as “Platform”)
The Platform is owned by TheHardwarebazar Internet Private
Limited a company incorporated under the Companies Act, 1956 with its
registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech
Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103,
Karnataka, India and its branch offices at 2nd Floor, Block F (Flora), Embassy
Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru-560103,
Karnataka, India and; 447/C, 12th Main, 4th Block, Koramangala,
Bengaluru-560034, Karnataka, India (hereinafter referred to as "TheHardwarebazar").
Your
use of the Platform and services and tools are governed by the following terms
and conditions ("Terms of Use") as
applicable to the Platform including the applicable policies which are
incorporated herein by way of reference. If You transact on the Platform, You
shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, You shall be contracting with TheHardwarebazar
Internet Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with TheHardwarebazar.
For
the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall
mean any natural or legal person who has agreed to become a buyer on the
Platform by providing Registration Data while registering on the Platform as
Registered User using the computer systems. TheHardwarebazar allows the User to
surf the Platform or making purchases without registering on the Platform. The
term "We",
"Us", "Our" shall mean TheHardwarebazar
Internet Private Limited.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use. We reserve the right, at Our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written
notice to You. It is Your responsibility to review these Terms of Use
periodically for updates / changes. Your continued use of the Platform
following the posting of changes will mean that You accept and agree to the
revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly
accepting these Terms of Use, You also accept and agree to be bound by TheHardwarebazar
Policies ((including but not limited to Privacy Policy available at Privacy) as
amended from time to time.
Membership
Eligibility
Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the
Platform. If you are a minor i.e. under the age of 18 years, you may use the
Platform or access content on the Platform only under the supervision and prior
consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such
transaction on the Platform may be made by your legal guardian or parents. TheHardwarebazar
reserves the right to terminate your membership and / or refuse to provide you
with access to the Platform if it is brought to TheHardwarebazar's notice or if
it is discovered that You are under the age of 18 years and transacting on the
Platform.
Your
Account and Registration Obligations
If You use the Platform, 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 agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not
in accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on the
Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as
Your primary identifier on the Platform. It is your responsibility to ensure
that Your mobile phone number and your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your mobile phone
number or e-mail address changes by updating the same on the Platform through a
onetime password verification.
You agree that TheHardwarebazar shall not be liable or
responsible for the activities or consequences of use or misuse of any
information that occurs under your Account in cases, including, where You have
failed to update Your revised mobile phone number and/or e-mail address on the
Website Platform.
If You share or allow others to have access to Your account on
the Platform (“Account”), by creating separate profiles under Your Account, or
otherwise, they will be able to view and access Your Account information. You
shall be solely liable and responsible for all the activities undertaken under
Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or other data,
information or communication to us, You agree and understand that You are
communicating with Us through electronic records and You consent to receive
communications via electronic records from Us periodically and as and when
required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
Platform
for Transaction and Communication
The Platform is a platform that Users utilize to meet and
interact with one another for their transactions. TheHardwarebazar is not and
cannot be a party to or control in any manner any transaction between the
Platform's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. TheHardwarebazar does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by TheHardwarebazar.
2. Placement
of order by a Buyer with Seller on the Platform is an offer to buy the
product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3. TheHardwarebazar
does not make any representation or Warranty as to specifics (such as quality,
value, salability, etc) of the products or services proposed to be sold or
offered to be sold or purchased on the Platform. TheHardwarebazar does not
implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. TheHardwarebazar accepts no liability for
any errors or omissions, whether on behalf of itself or third parties.
4. TheHardwarebazar
is not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. TheHardwarebazar cannot and does not guarantee
that the concerned Buyers and/or Sellers will perform any transaction concluded
on the Platform. TheHardwarebazar shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
5. TheHardwarebazar
does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc) of any of its Users. You are
advised to independently verify the bona fides of any particular User that You
choose to deal with on the Platform and use Your best judgment in that behalf.
6. TheHardwarebazar
does not at any point of time during any transaction between Buyer and Seller
on the Platform come into or take possession of any of the products or services
offered by Seller nor does it at any point gain title to or have any rights or
claims over the products or services offered by Seller to Buyer.
7. At no
time shall TheHardwarebazar hold any right, title or interest over the products
nor shall TheHardwarebazar have any obligations or liabilities in respect of
such contract entered into between Buyers and Sellers. TheHardwarebazar is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8. The
Platform is only a platform that can be utilized by Users to reach a larger
base to buy and sell products or services. TheHardwarebazar is only providing a
platform for communication and it is agreed that the contract for sale of any
of the products or services shall be a strictly bipartite contract between the
Seller and the Buyer.
At no time shall TheHardwarebazar hold any right, title or
interest over the products nor shall TheHardwarebazar have any obligations or
liabilities in respect of such contract.
TheHardwarebazar is not responsible for unsatisfactory or
delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for business
purchases on the Platform.
1.
Upon Your purchase of product(s) eligible for business
purchases, You may be able to avail the benefits of GST input tax credit.
Accordingly, at your request, an invoice containing the GSTIN as provided by
You ("Tax Invoice") shall be issued to You by the Seller(s) selling
such products.
o
GST invoice will have, inter alia, the following details printed
on it: -GSTIN associated with your registered business, as provided by you
o
Entity name of your registered business, as provided by you
o
Not all products are eligible for business purchases on the
Platform and the same is solely at the discretion of the Sellers. You will be
able to view the eligibility of Tax Invoice on the product page on the
Platform.
o
Purchases on the Platform must only be for end consumption.
Users must not use products purchased on the Platform for any commercial,
promotional, resale or further distribution purposes.
o
For seamless availment of input tax credit, kindly mention the
delivery address as the address which is mentioned as the registered place of
business as per the records of GST authority. Please note that availment of
input tax credit is subject to provisions of GST Act and rules.
o
The delivery and billing addresses will be required to be the
same, please note that input tax credit will be denied by GST authority if the
delivery address and GSTIN in the GST invoice are of different states.
o
If GSTIN and/or business entity details are not provided by You,
it will be presumed that it is a personal purchase and not a business purchase.
o
TheHardwarebazar is not responsible to verify the correctness of
the GSTIN and/or entity name provided by You and You shall be entirely
responsible to provide the accurate details.
o
TheHardwarebazar and Seller shall not entertain any request for
any revision in the GST Invoice. TheHardwarebazar and Seller shall not be
liable for Your default including for reasons associated with details provided
by You.
o
TheHardwarebazar will not be liable in case You are not able to
avail input tax credit or if input tax credit is denied to You for any reason
whatsoever.
o
You shall be solely liable for all compliances required under
applicable laws.
o
You agree to indemnify and hold TheHardwarebazar and Seller
harmless from all losses, claims, costs, expenses, suits, proceedings, or any
other liability including any third-party claims (including any penalties
imposed by governmental authorities) arising out of or in connection with (1)
the GSTIN and/or entity name provided by you or the input tax credit claimed by
you or your use or misuse of the GST Invoice and (2) your non-compliance with
the applicable laws or (3) your use or misuse of any third-party’s details
including GSTIN.
o
TheHardwarebazar has the right to not allow business purchases
on the Platform to You if a fraudulent activity is identified.
o
Seller reserves the right to not issue Tax Invoice or issue a
credit note against an already issued Tax Invoice to cancel the transaction, if
any fraudulent activity is identified.
2.
You shall independently agree upon the manner and terms and
conditions of delivery, payment, insurance etc. with the seller(s) that You
transact with.
Disclaimer: Pricing on any product(s) as is reflected on the
Platform may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
1. You
release and indemnify TheHardwarebazar and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, TheHardwarebazar cannot take responsibility
or control the information provided by other Users which is made available on
the Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please note that there could be risks in dealing with underage
persons or people acting under false pretence.
Charges
TheHardwarebazar may charge a nominal fee for browsing and
buying on the Platform. TheHardwarebazar reserves the right to change its Fee
Policy from time to time. In particular, TheHardwarebazar may at its sole
discretion introduce new services/fees and modify some or all of the existing
services/fees offered on the Platform. In such an event, TheHardwarebazar
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing/new services, as the case may be. Changes to
the Fee Policy shall be posted on the Platform and such changes shall
automatically become effective immediately after they are posted on the
Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to TheHardwarebazar Internet Private Limited
Use of
the Platform
You agree, undertake and confirm that Your use of Platform shall
be strictly governed by the following binding principles:
1. You
shall not host, display, upload, modify, publish, transmit, update or share any
information which:
(a) belongs to another person and to which You does not have any
right to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of
the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent
or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
(m) contains video, photographs, or images of another person
(with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Platform or
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, TheHardwarebazar's prior
written consent means a communication coming from TheHardwarebazar's Legal
Department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which
We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the
Platform or any other individual's User and enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole discretion,
contains material that is inappropriate for the Platform or any other Platform,
contains content that would be prohibited or violates the letter or spirit of
these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin
of such messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, 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 any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer,
trade or attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in
whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
1. You
shall not use any "deep-link", "page-scrape",
"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 Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2. You
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any
server, computer, network, or to any of the services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate
means.
3. You
shall not probe, scan or test the vulnerability of the Platform or any network
connected to the Platform nor breach the security or authentication measures on
the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other User of or visitor
to Platform, or any other customer, including any account on the Platform not
owned by You, to its source, or exploit the Platform or any service or
information made available or offered by or through the Platform, in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information, as
provided for by the Platform.
4. You
shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us including the
terms TheHardwarebazar, Flyte, Digiflip, Flipcart, TheHardwarebazar.com, or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of TheHardwarebazar or sellers on platform or otherwise tarnish or
dilute any TheHardwarebazar's trade or service marks, trade name and/or
goodwill associated with such trade or service marks, trade name as may be
owned or used by us. You agree that You will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Platform or TheHardwarebazar's systems or networks, or any systems or networks
connected to TheHardwarebazar.
5. You
agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person's use of the Platform.
6. You may
not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal You send to Us on or through the Platform
or any service offered on or through the Platform. You may not pretend that You
are, or that You represent, someone else, or impersonate any other individual
or entity.
7. You may
not use the Platform or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of TheHardwarebazar and /
or others.
8. You
shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force.
9. Solely
to enable Us to use the information You supply Us with, so that we are not
violating any rights You might have in Your Information, You agree to grant Us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Platform.
10. From
time to time, You shall be responsible for providing information relating to
the products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
11. You
shall not engage in advertising to, or solicitation of, other Users of the
Platform to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Platform or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Platform. It shall be a violation of these
Terms of Use to use any information obtained from the Platform in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. In order to protect Our Users from such advertising or solicitation, We
reserve the right to restrict the number of messages or emails which a user may
send to other Users in any 24-hour period which We deems appropriate in its
sole discretion. You understand that We have the right at all times to disclose
any information (including the identity of the persons providing information or
materials on the Platform) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the
materials posted on the Platform. TheHardwarebazar shall have the right to
remove or edit any content that in its sole discretion violates, or is alleged
to violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please
be advised that such Content posted does not necessarily reflect TheHardwarebazar
views. In no event shall TheHardwarebazar assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting
from use of Content and/or appearance of Content on the Platform. You hereby
represent and warrant that You have all necessary rights in and to all Content
which You provide and all information it contains and that such Content shall
not infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Platform, including payment and delivery of
related products or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You and such
advertiser. We shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Platform.
2. It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Platform and that
You may be involuntarily exposed to such offensive and obscene materials. It
also is possible for others to obtain personal information about You due to
your use of the Platform, and that the recipient may use such information to
harass or injure You. We does not approve of such unauthorized uses, but by
using the Platform You acknowledge and agree that We are not responsible for
the use of any personal information that You publicly disclose or share with
others on the Platform. Please carefully select the type of information that
You publicly disclose or share with others on the Platform.
3. TheHardwarebazar
shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed
Denial of Services).
4.
If you choose to browse or transact on the Platform using the
voice command-based shopping
feature, you acknowledge that TheHardwarebazar and/or its affiliates will
collect, store and use your voice inputs on this feature to customize your
experience and provide additional functionality as well as to improve TheHardwarebazar’s
and/or its affiliates’ products and services. TheHardwarebazar’s and/or its
affiliates’ use of your voice data will be in accordance with the TheHardwarebazar
Privacy Policy. You accept that your use of this feature is restricted to the
territory of the Republic of India. This feature may not be accessible on
certain devices and requires an internet connection. TheHardwarebazar reserves
the right to change, enhance, suspend, or discontinue this feature, or any part
of it, at any time without notice to you. Your continued use of this feature
constitutes your acceptance of the terms related to this feature.
5.
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada
and Marathi, Bengali, Gujarati , Odia, Malayalam, Punjabi & Assamese
translation features are made available on the Platform on a reasonable effort
basis for convenience only, without any representation or warranties by TheHardwarebazar,
express or implied, including the translations being error free, their
accuracy, completeness or reliability. Under the translation feature, You will
have the option to adding delivery addresses in the language selected by You
out of the featured languages. Such delivery addresses shall be transliterated
in English language for processing, handling and fulfilling Your orders on the
Platform. TheHardwarebazar expressly disclaims any liability of any nature
whatsoever arising from or related to the said translation/transliteration
features on the Platform. Some features and sections on the Platform may not be
translated in the language selected by You [Hindi, Telugu, Tamil, Kannada,
Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language,
as applicable], and the English version of the same will be the definitive
version. In the event of any conflict or inconsistency between the translated
terms and the English version available on the Platform, the English version on
the Platform shall prevail. This feature may not be accessible on certain
devices. TheHardwarebazar reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to You.
·
TheHardwarebazar Foundation is a Section 8 company registered
under the Companies Act 2013.
·
The amount received as donation will be donated to NGOs and
similar charitable organizations working in the selected thematic - areas. You
can visit www.TheHardwarebazarfoundation.org to know more on this.
·
The contribution, once made, will not be refunded.
·
No certificate under section 80G of the Income Tax Act, 1961
will be issued.
·
By proceeding to donate, you understand and confirm that this
donation is not from any foreign source as defined under Foreign Contribution
(Regulation) Act, 2010.
·
TheHardwarebazar Foundation disclaims any and all liability and
assumes no responsibility whatsoever for consequences resulting from any
actions or inactions of the NGOs or charitable organizations.
·
By proceeding to donate the money, you consent and expressly
waive any and all claims, rights of action and/or remedies (under law or
otherwise) that you may have against any of the TheHardwarebazar Group entities
arising out of or in connection with the aforesaid transaction.
·
The donation is being collected on behalf of the TheHardwarebazar
Foundation and is disbursed to TheHardwarebazar Foundation. TheHardwarebazar
Internet Pvt Ltd disclaims all liabilities and assumes no responsibility from
consequences resulting from actions/ inactions of the TheHardwarebazar
Foundation.
Contents
Posted on Platform
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and TheHardwarebazar
has no control over such third party user generated content as TheHardwarebazar
is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of
the Platform and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Platform or other medium for publication or distribution or for any commercial
enterprise, without TheHardwarebazar's express prior written consent.
You may use information on the products and services purposely
made available on the Platform for downloading, provided that You (1) do not
remove any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational purpose and
do not copy or post such information on any networked computer or broadcast it
in any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails,
reviews, ratings, billboard postings, photos, drawings, profiles, opinions,
ideas, images, videos, audio files or other materials or information posted or
transmitted to the Platform (collectively, "Content"). Such Content
will become Our property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with
Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, 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. You agree that any Content You post may be
used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other compensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR
SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN.
PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE
ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very important
principle. We understand clearly that You and Your Personal Information is one
of Our most important assets. We store and process Your Information including
any sensitive financial information collected (as defined under the Information
Technology Act, 2000), if any, on computers that may be protected by physical
as well as reasonable technological security measures and procedures in
accordance with Information Technology Act 2000 and Rules there under.Our
current Privacy Policy is available at Privacy. Our current Privacy Policy is
available at Privacy. f You object to Your Information being transferred or
used in this way please do not use Platform. If You object to Your Information
being transferred or used in this way please do not use Platform.
We may share personal information with our other corporate
entities and affiliates. These entities and affiliatesmay market to you as a
result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This
disclosure may be required for us to provide youaccess to our Services, to
comply with our legal obligations, to enforce our User Agreement, to facilitate
our marketing and advertising activities, or to prevent, detect, mitigate, and
investigate fraudulent or illegal activities related to our Services. We do not
disclose your personal information to third parties for their marketing and
advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary to
respond to subpoenas, court orders, or other legal process. We may disclose
personal information to law enforcement offices, third party rights owners, or
others in the good faith belief that such disclosure is reasonably necessary
to: enforce our Terms or Privacy Policy; respond to claims that an
advertisement, posting or other content violates the rights of a third party;
or protect the rights, property or personal safety of our users or the general
public.
We and our affiliates will share / sell some or all of your
personal information with another business entity should we (or our assets)
plan to merge with, or be acquired by that business entity, or re-organization,
amalgamation, restructuring of business. Should such a transaction occur that
other business entity (or the new combined entity) will be required to follow
this privacy policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This Platform, all the materials and products (including but not
limited to software) and services, included on or otherwise made available to
You through this site are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, TheHardwarebazar does not warrant that:
This Platform will be constantly available, or available at all;
or
The information on this Platform is complete, true, accurate or
non-misleading.
TheHardwarebazar will not be liable to You in any way or in
relation to the Contents of, or use of, or otherwise in connection with, the
Platform. TheHardwarebazar does not warrant that this site; information,
Content, materials, product (including software) or services included on or
otherwise made available to You through the Platform; their servers; or
electronic communication sent from Us are free of viruses or other harmful
components.
Nothing on Platform constitutes, or is meant to constitute,
advice of any kind. All the Products sold on Platform are governed by different
state laws and if Seller is unable to deliver such Products due to implications
of different state laws, Seller will return or will give credit for the amount
(if any) received in advance by Seller from the sale of such Product that could
not be delivered to You.
You will be required to enter a valid phone number while placing
an order on the Platform. By registering Your phone number with us, You consent
to be contacted by Us via phone calls, SMS notifications, mobile applications
and/or any other electronic mode of communication in case of any order or
shipment or delivery related updates.
Selling
As a registered seller, you are allowed to list item(s) for sale
on the Platform in accordance with the Policies which are incorporated by way
of reference in this Terms of Use. You must be legally able to sell the item(s)
you list for sale on our Platform. You must ensure that the listed items do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. Listings may
only include text descriptions, graphics and pictures that describe your item
for sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales.
The listing description of the item must not be misleading and
must describe actual condition of the product. If the item description does not
match the actual condition of the item, you agree to refund any amounts that
you may have received from the Buyer. You agree not to list a single product in
multiple quantities across various categories on the Platform. TheHardwarebazar
reserves the right to delete such multiple listings of the same product listed
by you in various categories.
Services
Payment
While availing any of the payment method/s available on the
Platform, we will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of
authorization for any transaction/s, or
2. Exceeding
the preset limit mutually agreed by You and between "Bank/s", or
3. Any
payment issues arising out of the transaction, or
4. Decline
of transaction for any other reason/s
All payments made against the purchases/services on Platform by
you shall be compulsorily in Indian Rupees acceptable in the Republic of India.
Platform will not facilitate transaction with respect to any other form of
currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may
request you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest of
providing a safe online shopping environment to Our Users.
Further:
1. Transactions,
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite
contractual obligations between Buyer and Seller and payment facility is merely
used by the Buyer and Seller to facilitate the completion of the Transaction.
Use of the payment facility shall not render TheHardwarebazar liable or
responsible for the non-delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on TheHardwarebazar's
Platform.
2. You
have specifically authorized TheHardwarebazar or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with TheHardwarebazar
is on a principal to principal basis and by accepting these Terms of Use you
agree that TheHardwarebazar is an independent contractor for all purposes, and
does not have control of or liability for the products or services that are
listed on TheHardwarebazar's Platform that are paid for by using the Payment
Facility. TheHardwarebazar does not guarantee the identity of any User nor does
it ensure that a Buyer or a Seller will complete a transaction.
3. You
understand, accept and agree that the payment facility provided by TheHardwarebazar
is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving payment
through Cash On Delivery, collection and remittance facility for the
Transactions on the TheHardwarebazar Platform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, TheHardwarebazar is neither acting as trustees nor
acting in a fiduciary capacity with respect to the Transaction or the
Transaction Price.
Payment Facility for Buyers:
1. You, as
a Buyer, understand that upon initiating a Transaction You are entering into a
legally binding and enforceable contract with the Seller to purchase the
products and /or services from the Seller using the Payment Facility, and You
shall pay the Transaction Price through Your Issuing Bank to the Seller using
Payment Facility.
2. You, as
a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and
Policies.
3. You, as
a Buyer, shall electronically notify Payment Facility using the appropriate TheHardwarebazar
Platform features immediately upon Delivery or non Delivery within the time period
as provided in Policies. Non notification by You of Delivery or non Delivery
within the time period specified in the Policies shall be construed as a deemed
Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
4. You, as
a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your
sole and exclusive remedy) in case You do not receive the Delivery within the
time period agreed in the Transaction or within the time period as provided in
the Policies, whichever is earlier. In case you do not raise a refund claim
using Platform features within the stipulated time than this would make You
ineligible for a refund.
5. You, as
a Buyer, understand that the Payment Facility may not be available in full or
in part for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
6. Except
for Cash On Delivery transaction, refund, if any, shall be made at the same
Issuing Bank from where Transaction Price was received, or through any other
method available on the Platform, as chosen by You.
7. For
Cash On Delivery transactions, refunds, if any, will be made via electronic
payment transfers.
8. Refund
shall be made in Indian Rupees only and shall be equivalent to the Transaction
Price received in Indian Rupees.
9. For
electronics payments, refund shall be made through payment facility using NEFT
/ RTGS or any other online banking / electronic funds transfer system approved
by Reserve Bank India (RBI).
10. Refunds
may be supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
11. Refund
shall be conditional and shall be with recourse available to TheHardwarebazar
in case of any misuse by Buyer.
12. We may
also request you for additional documents for verification.
13. Refund
shall be subject to Buyer complying with Policies.
14. TheHardwarebazar
reserves the right to impose limits on the number of Transactions or
Transaction Price which TheHardwarebazar may receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15. TheHardwarebazar
reserves the right to refuse to process Transactions by Buyers with a prior
history of questionable charges including without limitation breach of any
agreements by Buyer with TheHardwarebazar or breach/violation of any law or any
charges imposed by Issuing Bank or breach of any policy.
16. TheHardwarebazar
may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash On Delivery transactions) Transaction Price from
the Buyer for security or other reasons at the discretion of TheHardwarebazar.
As a result of such check if TheHardwarebazar is not satisfied with the
creditability of the Buyer or genuineness of the Transaction or other reasons
at its sole discretion, TheHardwarebazar shall have the right to reject the
receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of TheHardwarebazar.
17. TheHardwarebazar
may delay notifying the payment confirmation i.e. informing Seller to Dispatch,
if TheHardwarebazar deems suspicious or for Buyers conducting high transaction
volumes to ensure safety of the Transaction and Transaction Price. In addition,
TheHardwarebazar may hold Transaction Price and TheHardwarebazar may not inform
Seller to Dispatch or remit Transaction Price to law enforcement officials
(instead of refunding the same to Buyer) at the request of law enforcement
officials or in the event the Buyer is engaged in any form of illegal activity.
18. The
Buyer and Seller acknowledge that TheHardwarebazar will not be liable for any
damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of TheHardwarebazar.
Compliance with Laws:
1. As
required by applicable law, if the Customer makes a purchase of an amount equal
to or above INR 2 00 000.00, the Customer will be required to upload a scanned
copy of his/her PAN card on the Platform, within 4 days of making the purchase,
failing which, the purchase made by the Customer will be cancelled. The
requirement to submit the PAN card arises only once and if it has been submitted
once by the Customer, it need not be submitted again. The order of the Customer
shall stand cancelled if there is a discrepancy between the name of the
Customer and the name on the PAN Card.
2. Buyer
and Seller shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, 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, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and TheHardwarebazar Platform.
Buyer's arrangement with Issuing Bank:
1. All
Valid Credit / Debit/ Cash Card/ and other payment instruments are processed
using a Credit Card payment gateway or appropriate payment system
infrastructure and the same will also be governed by the terms and conditions
agreed to between the Buyer and the respective Issuing Bank and payment
instrument issuing company.
2. All Online
Bank Transfers from Valid Bank Accounts are processed using the gateway
provided by the respective Issuing Bank which support Payment Facility to
provide these services to the Users. All such Online Bank Transfers on Payment
Facility are also governed by the terms and conditions agreed to between Buyer
and the respective Issuing Bank.
TheHardwarebazar's Replacement Guarantee*
TheHardwarebazar's Replacement Guarantee seeks to assist Buyers
who have been defrauded by qualified sellers on the Platform. The return policy
period (TheHardwarebazar's Replacement Guarantee) depends on the product
category and the seller. Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the seller subject
to the following terms and conditions
1. Notify
seller of any defects in the product/s at the time of delivery of the product/s
and/or within the applicable return policy period and the same product/s will
be replaced in return of the defective product/s.
2. Replacement
can be for the entire product/s or part/s of the product subject to
availability of the same with the seller.
Following products shall not be eligible for return or
replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services (Flyte music downloads)
f. Any damage/defect which are not covered under the
manufacturer's warranty
g. Any product that is returned without all original packaging
and accessories, including the box, manufacturer's packaging if any, and all
other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day
exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial),
altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that
come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery,
Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in Lifestyle
category (includes clothing, footwear, etc.) are meanwhile covered by the 30
Day Replacement Guarantee. Kindly click here to know the return policy period
(Replacement Guarantee) applicable for different categories.
If TheHardwarebazar has any suspicion or knowledge that any of
its buyers and sellers are involved in any activity that is intended to provide
claims or information that is false or not genuine, TheHardwarebazar may also,
while reserving its rights to initiate civil and/or criminal proceedings
against such member buyers and sellers, at its sole discretion, suspend, block,
restrict, cancel the Display Name of such buyers and sellers and/or disqualify
that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on TheHardwarebazar
will not be allowed to return their products.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a user who, files a invalid and/or false claims or
provides false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, TheHardwarebazar may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such user and/or disqualify that user and any related users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, files a Fraudulent Complaint containing false,
incomplete, or misleading information may be guilty of a criminal offence and
will be prosecuted to the fullest extent of the law.
Exchange Offers:
By participating in the exchange I confirm that I am the sole
and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the buyback
program is genuine and is not counterfeit, free from any and all encumbrances,
liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale
etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying TheHardwarebazar.com
and any future buyer of the device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by TheHardwarebazar.com, its affiliates or any
future buyer due to usage of the device by you till date and you undertake to
make good the same.
I confirm that all the data in the said device will be erased
before handing it over under buy back program. I also confirm that in spite of
erasing the data manually/electronically, if any data still accessible due any
technical reason, TheHardwarebazar.com, Seller or the Manufacturer shall not be
responsible for the same and I will not approach TheHardwarebazar.com for any
retrieval of the data.
I hereby give my consent that my personal information that I
have provided in connection with this buyback program might be processed,
transferred and retained by the retailer and other entities involved in
managing the program for the purposes of validating the information that I
provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the TheHardwarebazar.com
and any future buyer of the old device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by TheHardwarebazar.com, its affiliates or any
future buyer due to usage of the device by me till date and I undertake to make
good the same.
I understand once a device is sent by me to TheHardwarebazar, in
no scenario can this device be returned back to me.
I understand that the new device delivery and the old device
pickup will happen simultaneously (hand in hand) and I shall keep the old
device ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO funded
distribution programs are not accepted for exchange under exchange offers.
Digital
Content: Music
Music (MP3 format): Only certain short listed Seller (at the
sole discretion of TheHardwarebazar) shall be entitled to sell Music (MP3
format) on the Platform. You may be able to purchase DRM-free digital music in
MP3 file format on the Platform from the respective Sellers. Such MP3 music
files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified
download rights of DRM-free MP3 music files from the catalogue of MP3 music
displayed on the Platform. The MP3 music may include full-length MP3 audio
tracks at best available bit rate and certain other premium features, as may be
provided on the Platform by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3
music only through the Platform and Flyte Music Application as may be made
available from time to time on the Platform, only within the territory of
India.
Rights Granted: Music download right is a non-exclusive,
non-transferable right to use for your personal, non-commercial, entertainment
use, subject to and in accordance with the Terms of Use. You may copy, store,
transfer and burn the MP3 music file only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You
represent, warrant and agree that You will use the MP3 music file only for your
personal, non-commercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to comply with all applicable laws in your
use of the MP3 music file. You agree that You will not redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or
otherwise transfer or use MP3 music file. You are not granted any
synchronization, public performance, promotional use, commercial sale, resale,
reproduction or distribution rights for MP3 music file. You acknowledge that
the MP3 music file embodies the intellectual property of a third party and is
protected by law.
Explicit Consent: You agree that we shall have no liability to
You for MP3 music file downloaded by You on the Platform if You find the same
to be offensive, indecent or objectionable and expressions through the audio
files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for
purchasing MP3 music on the Platform currently.
All
Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All
sales of MP3 music files are final. Returns of MP3 music files are not
permissible on Platform. Once You have purchased MP3 music files, TheHardwarebazar
encourages You to download it promptly. If You are unable to complete a
download, please contact customer service within
6 hours of the payment.
Further TheHardwarebazar assumes no liability if your media
player does not support the file format made available by the Seller on the
Platform or your browser does not support the music download application /
software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of MP3
music files You have downloaded, including any loss due to a computer or hard
drive crash.
Seller may, from time to time, at its sole discretion, remove
MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby specifically recorded
that the copyright and other Intellectual Property in the music available on
the Platform is the sole and exclusive property of third parties. Seller
represents and warrants that Sellers are authorized by such third parties to
upload the music on the Platform for license of use to the end customers.
Intellectual Property Rights for the purpose of this Terms of Use shall always
mean and include copyrights whether registered or not, patents including rights
of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged rights,
translating rights, reproducing rights, performing rights, communicating
rights, adapting rights, circulating rights, protected rights, joint rights,
reciprocating rights, infringement rights. All those Intellectual Property
rights arising as a result of domain names, internet or any other right
available under applicable law shall vest in the domain of TheHardwarebazar as
the owner of such domain name. The Parties hereto agree and confirm that no
part of any Intellectual Property rights mentioned hereinabove is transferred
in the name of User and any intellectual property rights arising as a result of
these presents shall also be in the absolute ownership, possession and Our
control or control of its licensors, as the case may be.
Your request to download a MP3 music file is personal to You,
and the track may not be used, sold, rented, transferred, licensed or otherwise
provided to any other User. The license to downloaded tracks includes only
those rights explicitly stated herein (typically, the right to play back for
your own personal use from your personal computer, CD player, digital player,
or other personal consumer electronic device), and, for the avoidance of doubt,
does not include the right to create a derivative work, to make copies other
than for your own personal use, or to use the track in any commercial manner.
You shall promptly notify Us in writing upon your discovery of any unauthorized
use or infringement.
Software: Seller may make available to You, from time to time,
software for Your use in connection with the download of MP3 music files (any
and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the download of
MP3 music files on the Platform. You may not separate any individual component
of the Software for use other than in connection to the download, may not
incorporate any portion of it into Your own programs or compile any portion of
it in combination with your own programs, may not transfer it for use with
another service, or use it, or any portion of it, over a network and may not
sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. Seller may
discontinue some or all of any Software Seller provide, and Seller may
terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of
Liability in this terms of use, (i) in no event shall Our or software
licensors' total liability to You for all damages arising out of or related to
your use or inability to use the Software and / or download manager or any
other application exceed the amount of ₹20; and (ii) in no event shall Our or
Our Digital Content providers' total liability to You for all damages arising
from your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: eBooks
ebook (ePub format): You will be able to purchase DRM-encrypted
eBooks in ePub file format on the TheHardwarebazar Platform and the Flyte eBooks
application. Such ePub files shall be provided to you as per your selection,
subject to certain limitations as described herein. You shall be granted
specified download rights of DRM-encrypted ePub files from the catalog of
eBooks displayed on the Platform.
Download rights: You will need to be registered with TheHardwarebazar
to make an ebook purchase. The eBooks which you purchase from the TheHardwarebazar
Platform or Flyte eBooks application shall be added in your TheHardwarebazar
eBooks library from where you can download the eBooks onto your device(/s).
Each downloaded ebook is locked to the User account and the downloader device.
These downloaded eBooks cannot be transferred onto other devices. Each device
used by you will have to be synced with your online eBooks library. You can
sync a maximum of six(6) devices against your user account. You can download
the eBooks to your mobile or tablet devices for offline reading and can read
the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks application will enable
you to read the digital books purchased from the Flyte eBooks store, on your
mobile or tablet devices. The app also has an in-app Flyte eBooks store where
the user can quickly purchase eBooks. The Flyte eBooks app will be available in
the Android platform. The Android app will be compatible with both mobiles and
tablet devices. You can download the Flyte eBooks android app for free from the
TheHardwarebazar Platform and also Google Play.
Territory: Currently you can purchase downloadable eBooks only
through the Platform and Flyte eBooks Application as may be made available from
time to time on the Platform, only within the territory of India. You have to
be within the Indian Territory to even download the already purchased files
from your TheHardwarebazar eBooks library.
DRM Specifications: The DRM (Digital Rights Management) enables
us to restrict certain permissions. The Flyte DRM specifications restrict the
following permissions:
|
Default
Restrictions |
TheHardwarebazar
Settings |
|
Printing |
Not Allowed |
|
Copying |
Not Allowed |
|
Side-Loading (from one
device to other) |
Not Allowed |
|
e-mailing |
Not Allowed |
|
Saving Images |
Not Allowed |
|
Read out aloud |
Not Allowed |
|
Number of distinct
devices for file downloading |
Allowed (Six) |
|
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees for ebook, we
grant you a non-exclusive, non-transferable right to use the downloaded ebook
for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You may store the ebook only for your
personal, non-commercial, entertainment use, subject to and in accordance with
the Terms of Use.
You represent, warrant and agree that you will use the ebook
only for your personal, non-commercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization, public performance,
promotional use, commercial sale, resale, reproduction or distribution rights
for ebook. You acknowledge that the ebook embodies the intellectual property of
a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability to
you for ebook downloaded by You on the Platform or Flyte Apps if you find the
same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook displayed on
the Platform represents the full retail price (inclusive of all taxes unless
specified otherwise) for said downloadable ebook. You shall pay for such downloadable
ebook using one of the payment options available on the Platform.
The Price List mentions the prices of each downloadable ebook
and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our
right to change the prices of the ebook and services and the availability of
the same at our sole discretion.
TheHardwarebazar will allow the user to buy ebook using the
following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> TheHardwarebazar Wallet
--> any other mode of payment, as may be decided and made
available on the Platform.
Please note that payment can be made only in India Rupees and
all the above payment instruments must have been issued by entities operating
in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for
purchasing ebook on the Platform currently.
Payment made by credit card or any other mode as mentioned above
should be received by us on time. If for any reason we do not receive payment
from the credit card issuer or any agent involved in any of the above payment
modes, You agree that you shall pay all amounts due upon demand by us.
All
Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of
eBooks are final. We do not accept returns of eBooks. Once you have purchased
eBooks, we encourage you to download it promptly. If you are unable to complete
a download, please contact customer service within
30 days of the payment. The ebook will be removed from your library and the
amount that was charged during the payment will be refunded in the form of
store credit. The eBooks will also be replaced in cases of genuine technical
errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of
eBooks you have downloaded, including any loss due to a computer or hard drive
crash. We may, from time to time, at our sole discretion remove eBooks from the
Service without notice.
Intellectual Property Rights: It is hereby specifically recorded
that the copyright and other Intellectual Property in the ebook available on
the Platform is the sole and exclusive property of third parties. We are
authorised by such third parties to upload the ebook on the Platform for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks,
trade names, trade dresses, house marks, collective marks, associate marks and
the right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, communicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain
names, internet or any other right available under applicable law shall vest in
the domain of TheHardwarebazar Internet Private Limited as the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and our control or
control of its licensors, as the case may be.
Your request to download an ebook is personal to you, and the
ebook may not be used, sold, rented, transferred, licensed or otherwise
provided to any other user. The license to downloaded eBooks includes only
those rights explicitly stated herein (typically, the right to read the ebook
in Flyte eBooks Application), and, for the avoidance of doubt, does not include
the right to create a derivative work, to make copies, or to use the ebook in
any commercial manner. You shall promptly notify us in writing upon your
discovery of any unauthorized use or infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the "Software").
You may use the Software only in connection with the download of
eBooks on the Platform. You may not separate any individual component of the
Software for use other than in connection to the download, may not incorporate
any portion of it into Your own programs or compile any portion of it in
combination with your own programs, may not transfer it for use with another
service, or use it, or any portion of it, over a network and may not sell,
rent, lease, lend, loan, distribute or sub-license the Software or otherwise
assign any rights to the Software in whole or in part. We may discontinue some
or all of any Software we provide, and we may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of
Liability in this terms of use, in no event shall our or our and/or our Digital
Content providers' total liability to You for all damages arising from your use
of the Service, the Digital Content, or information, materials or products
included on or otherwise made available to You through the Service (excluding
the Software), exceed the amount You paid to purchase, on the Service, the
Digital Content related to Your claim for damages.
Digital
Content: TheHardwarebazar Ideas
1. These
Terms of Service (“Terms”) govern your access to and use of TheHardwarebazar
Ideas (hereinafter referred to as “Content”). By viewing the Contents you agree
to be bound by these Terms. Content posted on the Platform is public and can be
viewed by everyone who can see the Page.
2. TheHardwarebazar
is hosting the Content generated by third party users (“Content Owner”), within
the FK Platform for convenience of Platform Users, and as such, TheHardwarebazar
has no ownership or control whatsoever in the Contents displayed. The Contents
posted by the Content Owners are of personal views wherein TheHardwarebazar
plays no role in creating/developing the Content. You are responsible for your
use of the Platform for viewing the Content.
3. By
hosting the Content on the Platform, TheHardwarebazar is neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. TheHardwarebazar is neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any
information on the Platform, whether the content or any other information, have
not been verified by TheHardwarebazar, therefore, TheHardwarebazar shall not be
responsible for any such content or information. TheHardwarebazar will not bear
any obligation or liability if You rely on the Contents.
5. If You
choose to view or rely, TheHardwarebazar will neither be a party to nor in any
manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6. You
hereby acknowledge that the Contents are created and owned by Content Owners
who own all the rights including the copyrights in the contents. The Contents
are available on the Platform for personal use only and you shall not use it
for any commercial, promotional, resale or further distribution purposes.
7. Any use
or reliance on any Content or materials obtained by you through the Content is
at your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or communications
posted on the Platform or endorse any opinions expressed via the contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. TheHardwarebazar
may not monitor or control the Content posted on the Platform and, we do not
take responsibility for such Content.
8. We
reserve the right to remove Content that violates the Terms of Use, including
for example, copyright or trademark violations, impersonation, unlawful
conduct, or harassment.
9. If you
see an offensive, abusive, or any unlawful content on the Platform, you can
report it to ideas-support@TheHardwarebazar.com
10. You may
find content that offends you or that you simply don’t like, but that doesn’t
violate the content guidelines. If that happens, you can unfollow the user who
posted it or hide the post
11. Your
access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis. TheHardwarebazar makes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from your
access to or use of any Content; (iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained through the Content, will create any warranty
or representation not expressly made herein.
12. By
using the Services you agree that TheHardwarebazar, its parents, affiliates,
related companies, officers, directors, employees, agents representatives,
partners and licensors, liability is limited to the maximum extent permissible
by Law.
13. We may
revise these Terms from time to time.
Digital
Content: TheHardwarebazar Video
1.
These Terms of Service ("Terms") govern your access to
and use of TheHardwarebazar Video which is an online over-the-top platform
providing users with live and/or on-demand audio and video content of various
genres which may be offered by either TheHardwarebazar or by third party
content providers (all such content, collectively, the "Content").
2.
The Content is being hosted on TheHardwarebazar mobile App only
("Platform"), that is owned and operated by TheHardwarebazar Internet
Private Limited ("TheHardwarebazar", "We" or
"Our").
3.
This document sets out the terms and conditions in connection
with your use of the Platform and, subsequently, your access to and/or
consumption of the Content and/or other related services provided on the
Platform (all such content and services, collectively, "Services" and
such terms and conditions, the "Terms" ).
4.
Use of TheHardwarebazar Services is available only to persons
who can form a legally binding contract under the Indian Contract Act, 1872.You
must be 18 years of age, to avail the Services. Minors may only use the service
under the supervision of an adult. Some content offered on the Platform may not
be appropriate for viewership by minors. Accordingly, parents and/or the
guardians of such children or minors are advised to exercise discretion before
allowing their children or minors to access such content on the Platform.
5.
All the Content being offered to the users on the Platform shall
be, for the convenience of the users, free of cost, or at such other terms as
may be offered by TheHardwarebazar or the Content Providers with respect to any
Content from time to time, and such other terms shall be communicated to the
user at the time of viewing such Content and/or at the time of registering with
the Platform. Subject to you accepting these Terms and any other terms as may
be communicated to you from time to time, you are given a limited,
non-exclusive, non-transferable, non-sub-licensable, revocable permission to
view the Platform and avail the Services during the subsistence of your account
with TheHardwarebazar and no right, title or interest in any Content will be
deemed transferred to you.
6.
The Platform is an interactive online platform for the users to
view the Content of various genres, which may either be offered by TheHardwarebazar
or third party content providers. As regards third party audio-video content
generated by third parties (such content, the " Third Party Content"
and such content providers, the " Content Owners"), the Platform offers
you such Third Party Content by providing hosting services to Content Owners
displaying their content and/or by allowing their content to be viewed by you
on the Platform by integrating services and application of other audio-video
hosting, caching and/or streaming service or infrastructure providers (" Platform Partners")
who may have content procurement arrangements with the Content Owners The
Platform may also provide content which is commissioned by TheHardwarebazar
and/or is procured by TheHardwarebazar either under a license or copyright
agreement (such content, " TheHardwarebazar Originals").
7.
Content will therefore consist of TheHardwarebazar Originals or
Third Party Content. Content Owners and/or Platform Partners will provide Third
Party Content. Specifically, for more information in relation to Third Party
Content (including the terms of use relating specifically to Third Partner
Content), you may refer to their respective terms and conditions. As such, TheHardwarebazar
has no ownership or control whatsoever on Third Party Content, whether it is
uploaded or streamed by Content Owners or by the Platform Partners. TheHardwarebazar
plays no role in creating/developing Third Party Content.
8.
As regards all the news content which are also Third Party
Content through the Platform Partners, TheHardwarebazar's role is strictly
limited to providing a uniform resource locator (URL) or a web-address to
access and/or share such content on the Internet with the users and all news
content is provided, uploaded, streamed and/or hosted by Content Owners, the
Platform Partners and/or their respective agents or service providers. For
avoidance of doubt, it is clarified that TheHardwarebazar will not be hosting,
uploading or streaming any news content on its servers or IT systems. TheHardwarebazar
will not be exercising any control – physical, editorial or digital - over the
news Content being viewed by or provided to the user on the Platform. TheHardwarebazar
will only be providing the user with an option and/or a medium to access news
content through the Platform which, in turn, will provide the Content Providers
and/or the Platform Partners an opportunity to disseminate their content on the
Platform. The news Content on the Platform is directly uploaded or streamed
onto the Platform by Platform Partners who avail of TheHardwarebazar's
communication platform, without any intervention from TheHardwarebazar in the
content procurement/uploading/streaming/transmission process. TheHardwarebazar's
role is that of an 'intermediary' as defined under the Information Technology
Act, 2000 and the rules thereunder, with regard to the news Content. Being an
intermediary, TheHardwarebazar has no responsibility and/or liability in
respect of any news Content on the Platform, including for intellectual
property rights infringement, defamation, obscenity or any other violation
under applicable law.
9.
Irrespective of whether the Content is a Third Party Content or
a TheHardwarebazar Original, you, at all times, are responsible for your use of
the Platform and for viewing any Content and TheHardwarebazar shall have no
liability with respect to any loss or damage caused by viewing or relying on
the Content. By hosting TheHardwarebazar Originals on the Platform and by
permitting the hosting, uploading or streaming of Third Party Content on the
Platform, TheHardwarebazar will neither guaranteeing nor giving any warranty
nor making any representation with respect to the Contents. The Content
provided on the Platform is for entertainment or information purposes only and TheHardwarebazar
will neither be endorsing the views, products or the services being depicted or
offered as part of the Content, nor will TheHardwarebazar be responsible for
quality or features of the Content displayed on the Platform. Unless expressly
stated otherwise, all characters, themes and events depicted in TheHardwarebazar
Originals are entirely fictitious and any similarity to actual events or
persons, living or dead, is purely coincidental, unintentional or accidental.
10.
Third Party Content will be made available to you through
different modes, including via video-on-demand or on a live streaming basis,
depending on the nature of the content and at the discretion of the Content
Owners and/or Platform Partners. TheHardwarebazar Originals will be provided to
you through different modes as well as the discretion of TheHardwarebazar. You
may choose to view any Content at your discretion at a time chosen by you and
by accepting these Terms and any other terms relating to such Content.
11.
Please note that the availability of, and your ability to
access, the Content or some part of the Services, (a) is subject to applicable
law and the contractual arrangements between TheHardwarebazar and the Content
Owners and/or Platform Partners; and (b) may be dependent upon your
geographical location, your Internet/data connectivity or your system
capabilities or compatibility with the Platform. Not all Content or Services
will be available to all users. On account of the nature of the Internet/data
connectivity and system compatibility, the Platform and the Services may also
be accessed in various geographical locations. You, therefore, hereby agree and
acknowledge that you are accessing the Platform and availing of the Services,
at your own risk, choice and initiative, and you agree and undertake to ensure
that your use of the Platform and the Services complies with all applicable
laws including the local laws in your jurisdiction. Further, you agree and
acknowledge that the Services and Content may vary from place to place, time to
time and device to device and the quality and the quantity of your access to
the Content or the use of the Platform or availing of the Services would be
subject to various parameters such as specifications, device, Internet
availability and speed, bandwidth, etc.
12.
Any information on the Platform, whether the Content or any
other information (other than TheHardwarebazar Original), have not been
verified by TheHardwarebazar, and therefore, TheHardwarebazar shall not be
responsible for any such Third Party Content or information. TheHardwarebazar
will not bear any obligation or liability if You rely on the Contents or
information and any loss or liability has been incurred by you arising from
such Third Party Content or information.
13.
If you choose to view or rely on any Third Party Content or
information on the Platform, you will be impliedly accepting the terms of
viewing or relying on such Third Party Content or information, as offered by
the Content Providers and/or the Platform Partners, and TheHardwarebazar will
neither be a party to such an arrangement nor will it in any manner be
concerned with such an arrangement nor will TheHardwarebazar be liable or
responsible for any act or omission of the Content Owner and/or the Platform
Partners.
14.
You hereby acknowledge that the Third Party Content is created
and owned by the Content Owners who own all the rights including the copyrights
with respect to such content. The Content is available on the Platform for
personal and non-commercial use only and you shall not use it for any
commercial, promotional, resale, further distribution or any other unauthorized
purposes. You agree not to use the service for public performances.
15.
You further acknowledge that all the intellectual property
rights contained in (a) the TheHardwarebazar Originals are solely owned by TheHardwarebazar
and (b) in the Third Party Content are solely owned by the Content Owners or
licensed to the Platform Partners. During the term of your TheHardwarebazar
membership we grant you a limited, non-exclusive, non-transferable, revocable
right to access the Platform and view the Content. Except for the foregoing, no
right, title or interest shall be transferred to you in any Content or the
Platform.
16.
We can terminate your account or place your account on hold in
order to protect our or the interests of the Content Owners or of the Platform
Partners, from an actual, probable or suspected theft, loss, damage or other
fraudulent activity. TheHardwarebazar reserves the right to immediately
terminate, suspend, limit, or restrict your access or use of the Platform
and/or the Services, at any time, without any notice or liability, if TheHardwarebazar
so determines, in its sole discretion, for any reason whatsoever, including
that you have: (a) breached these Terms or the Privacy Policy; or (b) violated
any applicable law, rule, or regulation; or (c) you have engaged in any
inappropriate or unlawful conduct; or (d) provided any false or inaccurate
information; or (e) for any other reason that TheHardwarebazar deems fit in its
sole discretion.
17.
Any use or reliance on any Content or materials obtained by you through
the Platform is at your own risk. We do not endorse, support, represent or
guarantee the completeness, truthfulness, accuracy, or reliability of any
Content or communications posted on the Platform or endorse any opinions
expressed via the Contents. You understand that by using the Platform, you may
be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Third Party Content is the sole responsibility of the
Content Owners who originated such content or it is the responsibility of the
Platform Partners who host, upload and/or stream such Third Party Content. TheHardwarebazar
may not monitor or control the Content posted, uploaded and/or streamed on the
Platform by the Content Owners, the Platform Partners and/or their respective
agents or affiliates, and, we do not take responsibility or liability for any
such content.
18.
We reserve the right to remove any Content or the user data that
violates these Terms or the applicable law, including for example, copyright or
trademark violations, impersonation, unlawful conduct, or harassment. With
respect to Third Party Content, TheHardwarebazar's role is limited to providing
a communication platform to Content Owners and/or Platform Partners, to enable
the transmission of the Third Party Content directly from such third parties to
you.
19.
Personal Information; We may use information such as device ID,
location or an account email address used with an existing TheHardwarebazar
account to determine eligibility and any offers therof. We may share personal
information with our other corporate entities and Platform Partners only for
the purposes of giving enhanced customer services.
20.
Service Interruptions: You hereby consent to sharing your
information with third parties unless you specifically opt out. In addition,
your access to the Services and the Platform may also be occasionally suspended
or restricted to allow for repairs, maintenance, or the introduction of new
facilities or services at any time without prior notice. We will attempt to
limit the frequency and duration of any such suspension or restrictions.
21.
If you see an offensive, abusive, or any unlawful content on the
Platform, you can report it to customer care of TheHardwarebazar.
22.
Disclaimer of representations and warranties: Your access to and
use of the Services or any Content are at your own risk. You understand and
agree that the Services are provided to you on an "AS IS" or "AS
AVAILABLE" basis. TheHardwarebazar makes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security, security and non-compatibility or
reliability of any Content; (ii) any harm to your computer system, loss of
data, or other harm that results from your access to or use of any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and
other communications maintained by the Services; and (iv) whether the Services
will meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
through the Content, will create any warranty or representation not expressly
made herein or therein.
23.
Limitation of liability: By using the Services, you agree that
the liability of TheHardwarebazar, its parents, affiliates, related companies,
officers, directors, employees, agents, representatives, partners and
licensors, shall be limited to the maximum extent permissible by applicable
law. In no case shall TheHardwarebazar, its directors, officers, employees,
affiliates, agents, contractors, principals, or licensors be liable for any
direct, indirect, incidental, punitive, special, or consequential damages
arising from your use of the Services or any Content or for any other claim
related in any way to your access to the Platform and/or use of the Services,
including, but not limited to, any errors or omissions in any Content or
information on the Platform, or any loss or damage of any kind incurred as a
result of the use of the Services and/or reliance on any Content or information
on the Platform.
24.
Indemnification: You shall defend, indemnify and hold harmless TheHardwarebazar
its owners, affiliates, subsidiaries, group companies, partners (as
applicable), and their respective officers, directors, agents, and employees
(" Indemnified Parties"), from and
against any claim, demand, damages, obligations, penalty, losses or actions
(including reasonable attorneys' fees) made by any third party against the
Indemnified Parties or imposed against the Indemnified Parties, due to or
arising out of your or your affiliate's or relative's: (a) breach of these
Terms, the Privacy Policy and/or any other policies; or (b) violation of any
applicable law, rules, regulations; or (c) violation of the rights (including
infringement of intellectual property rights) of a third party or TheHardwarebazar;
or (d) unauthorized, improper, illegal or wrongful use of your TheHardwarebazar
account (including by you or by any person, including a third party, whether or
not authorized or permitted by you). This indemnification obligation will
survive the expiry or termination of these Terms and/or your use of the
Service.
25.
Force Majeure: You agree that TheHardwarebazar shall be under no
liability whatsoever to you in the event of non-availability of the Platform
and/or any of the Services or any portion thereof, occasioned by an Act of God,
war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire,
satellite failure, failure of any public utility, man-made disaster, satellite
failure or any other cause whatsoever beyond the control of TheHardwarebazar
(including any event which is caused by the failure or non-performance on the
part of the Content Owners or the Platform Partners).
26.
Governing laws: These Terms shall be governed, interpreted, and
construed in accordance with the laws of India, without regard to the conflict
of law provisions and for resolution of any dispute arising out of your use of
the Services or in relation to these Terms. Notwithstanding the foregoing, you
agree that (i) TheHardwarebazar has the right to bring any proceedings before
any court/forum of competent jurisdiction and you irrevocably submit to the
jurisdiction of such courts or forum; and (ii) any proceeding brought by you
shall be exclusively before the courts in Bengaluru, India.
27.
Severability: If any provision of these Terms is held invalid,
void, or unenforceable, then that provision shall be considered severable from
the remaining provisions, and the remaining provisions shall be given full
force and effect.
28.
Amendments: We may revise these Terms from time to time, without
prior notice to you, to update, revise, supplement, and otherwise modify these Terms
and to impose new or additional rules, policies, terms, or conditions on your
use of the Service. Any updates, revisions, supplements, modifications, and
additional rules, policies, terms, and conditions will be posted on the
Platform and will be effective immediately after such posting and we recommend
that you periodically check these Terms on the Platform for such revised terms.
Your continued use of the Services and/or the Platform will be deemed to
constitute your acceptance of any and all such revised terms.
29.
Entire agreement: These Terms, the Privacy Policy and any other
terms or policies as may be prescribed by TheHardwarebazar from time to time,
constitute the entire agreement between you and TheHardwarebazar, which will
govern your use of or access to the Services and/or the Platform, superseding
any prior agreements between you and TheHardwarebazar regarding such use or
access.
30.
Survival: You acknowledge that your representations,
undertakings, and warranties and the clauses relating to indemnities,
limitation of liability, grant of license, governing law shall survive the
efflux of time and the termination of these Terms (including but not limited to
Clauses 22 to 30 of these Terms).
Indemnity
You shall indemnify and hold harmless TheHardwarebazar, its
owner, licensee, affiliates, subsidiaries, group companies (as applicable) and
their respective officers, directors, 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 this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable
Law
Terms of Use shall be governed by and interpreted and construed
in accordance with the laws of India. The place of jurisdiction shall be
exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. TheHardwarebazar make no
representation that materials in the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
this site from other locations/Countries other than India do so on their own
initiative and TheHardwarebazar is not responsible for supply of
products/refund for the products ordered from other locations/Countries other
than India, compliance with local laws, if and to the extent local laws are
applicable.
Trademark,
Copyright and Restriction
This site is controlled and operated by TheHardwarebazar and
products are sold by respective Sellers. All material on this site, including
images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on
Platform is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit or distribute such material in any
way, including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the prior
written consent of the owner, modification of the materials, use of the
materials on any other Platform or networked computer environment or use of the
materials for any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks and other proprietary rights, and is
prohibited. Any use for which You receive any remuneration, whether in money or
otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
TheHardwarebazar respects the intellectual property of others.
In case You feel that Your Trademark has been infringed, You can write to TheHardwarebazar
at infringement@TheHardwarebazar.com or ss@TheHardwarebazar.com.
Product
Description
TheHardwarebazar we do not warrant that Product description or
other content of this Platform is accurate, complete, reliable, current, or
error-free and assumes no liability in this regard.
Limitation
of Liability
IN NO EVENT SHALL THEHARDWAREBAZAR BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please
contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this platform through the link: https://www.TheHardwarebazar.com/helpcentre.
Grievance officer
In accordance with Information Technology Act 2000 and rules
made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name
and contact details of the Grievance Officer are provided below:
Mr. Shremanth M
Designation: Senior Manager
TheHardwarebazar Internet Pvt Ltd Block B (Begonia),
8th Floor Embassy Tech Village,
Outer Ring Road, Devarabeesanahalli Village,
Varthur Hobli, Bengaluru East Taluk,
Bengaluru District, Karnataka : 560103, India
contact us
Email: grievance.officer@TheHardwarebazar.com
Phone: 1800 202 9898
Time: Mon - Sat (9:00 - 18:00)
Customer
Support: You can reach our customer support team to address any of your queries
or complaints by clicking the link, selecting your order and choosing 'Need
Help' option: https://www.TheHardwarebazar.com/helpcentre
POLICIES
Profanity
Policy
TheHardwarebazar prohibits the use of language that is racist,
hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and
all other areas of the site that another User may view. If the profane words
are part of a title for the item being sold, we allow Sellers to 'blur' out the
bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area
for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users
on the Platform; or email communication between Users in relation to
transactions conducted on Platform contain profanity, please review Our
feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a
User's account, temporary suspension, or a formal warning.
TheHardwarebazar will consider the circumstances of an alleged
policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions,
including:
1. Limits
placed on account privileges;
2. Loss of
special status;
3. Account
suspension.
TheHardwarebazar shall have the right to delete a product review
posted by the customer at its sole discretion, if it is of the opinion that the
review contains offensive language as stated above. Further, if TheHardwarebazar
is of the opinion that the review unfairly either: (i) causes disadvantage to a
product; or (ii) increases the popularity of the product, TheHardwarebazar
shall have the right to delete the customer review. TheHardwarebazar shall
also, at its sole discretion have the right to blacklist the customer from
posting any further customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have been
defrauded by qualified sellers on the Platform. If at the time of delivery
and/or within specified days from the date of delivery of the product/s, if any
defect is found, then the buyer of the product/s can ask for replacement of the
product/s from the seller.
If TheHardwarebazar has suspicion or knowledge, that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false, misleading or not genuine, then TheHardwarebazar
may while reserving its rights to initiate civil and/or criminal proceedings
against User may also at its sole discretion suspend, block, restrict, cancel
the Display Name of such buyer and seller and /or disqualify that User and any
related Users from availing protection through this program.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a User who, files a invalid and/or false claims or
provides false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, TheHardwarebazar may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such User and/or disqualify that User and any related Users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, files a Fraudulent Complaint containing false,
incomplete, or misleading information may be guilty of a criminal offence and
will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action of giving back the
item purchased by the Buyer to the Seller on the TheHardwarebazar Platform.
Following situations may arise:
1. Item
was defective
2. Item
was damaged during the Shipping
3. Products
was / were missing
4. Wrong
item was sent by the Seller.
Return could also result in refund of money in most of the
cases.
Points to be noted:
1. Seller
can always accept the return irrespective of the policy.
2. If
Seller disagrees a return request, Buyer can file a dispute under the Buyer
Protection Program*.
We encourage the Buyer to review the listing before making the
purchase decision. In case Buyer orders a wrong item, Buyer shall not be
entitled to any return/refund.
Buyer needs to raise the return request within the return period
applicable to the respective product.Once Buyer has raised a return request by
contacting Us on Our Toll Free Number, Seller while closing the return ticket
can select one of the following:
1. Replace
after shipment collection - Seller has agreed to wait for the logistics team to
collect the shipment from the buyer before replacing it)
2. Refund
after shipment collection - Seller has agreed to wait for the logistics team to
collect the shipment from the buyer before refunding)
3. Refund
without shipment collection - Seller has agreed to refund the buyer without
expecting the original shipment back)
4. Replace
without shipment collection - Seller has agreed to replace the order without
expecting the original shipment back)
5. On
certain select days as specified by TheHardwarebazar (such as 'The Big Billion
Day') separate policies may be applicable.
In the event the Seller accepts the return request raised by the
Buyer, Buyer will have to return the product and then the refund shall be
credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the
date of intimation to the Seller about the refund request, the refund request
shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the
product, the following parameters needs to be ensured by the Buyer:
|
Category |
Condition |
|
Electronics |
Should be included |
|
Clothing and Footwear |
Should be "New
& Unworn" (other than for trial) |
|
Beauty, Health &
Personal Care |
Should be "New
& Unopened" |
|
Sports & Equipment |
Should be
"New" and returned with original packaging |
|
Office Products |
Should be
"New" and returned with original packaging |
|
Jewellery |
Should be
"New" and returned with original packaging |
If the product being returned is not in accordance with the
above parameters, then Buyer shall not be entitled to any refund of money from
the Seller.
Shipping cost for returning the product shall be borne and
incurred by the Seller.
Replacement
Definition: Replacement is the action or process of replacing
something in place of another. A Buyer can request for replacement whenever he
is not happy with the item, reason being Damaged in shipping, Defective item,
Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller
can always accept the return irrespective of the policy.
2. If
Seller disagrees for a return request, Buyer can file a dispute under Buyer
Protection Program*.
Buyer needs to raise the replacement request within the return
period applicable to the respective product. Once Buyer has raised a
replacement request by contacting Us on the Toll Free Number provided on the
Platform. Once the replacement request has been raised, the following steps
shall be followed:
1. Buyer
is asked for "Reason for Return". Among others, the following are the
leading reasons:
2. Shipping
was damaged
3. Item
was defective
4. Item
Dead on Arrival
5. Item(s)
were missing
6. Wrong
item sent
7. An
intimation shall be provided to Seller seeking either "approval" or
"rejection" of the replacement request.
8. In case
the Seller accepts the replacement request, Buyer shall be required to return
the product to the Seller and only after return of the product, Seller shall be
obliged to provide the replacement product to the Buyer.
9. Incase
Seller rejects the replacement request, Buyer can choose to raise a dispute by
contacting us through this link: https://www.TheHardwarebazar.com/helpcentre.
In case the Seller doesn't have the product at all, Seller can
provide the refund to the Buyer and Buyer shall be obligated to accept the
refund in lieu of replacement. All the product parameters shall be required to
be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement
request, within three (3) days from the date of replacement request placed by
the Buyer, refund shall be processed in favour of Buyer and Seller shall be
liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and
incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on TheHardwarebazar.
However there may be some cases where both the Buyers and Sellers may face
issues. At TheHardwarebazar, we have a Dispute Resolution process in order to
resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and
a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the
Buyer and the Seller. Disputes arise out of an issue that is raised by either
party not being completely satisfied with the resolution of their
complaint/issue.
It is important that before a Buyer/Seller raises a dispute,
they should attempt to solve the issue. Please note that whenever a Buyer
raises a dispute, the Seller's payment for that order is put on hold
immediately until the issue is resolved.
How is a 'dispute' created?
Whenever
there is a disagreement, the Buyer can contact us through this link https://www.TheHardwarebazar.com/helpcentre, while the
Seller can write to ss@TheHardwarebazar.com, in order to raise a dispute.
Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong
item received
2. Item
Not as described
3. Damaged
or Seal broken on Product
4. Part/Accessory
missing
5. Item
not Compatible
6. Seller
Description/Specification Wrong
7. Defective
(Functional issues)
8. Product
not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and
Buyer raises a dispute, then TheHardwarebazar will try to mediate and resolve
the dispute between both the parties. If the dispute is resolved in favour of
the Buyer, a refund is provided once the product is returned to the Seller. If
the dispute is settled in favour of the Seller, Buyer is entitled to any
refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a
refund or a replacement, TheHardwarebazar will actively work towards reaching a
resolution.
The Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied the
resolution provided by the Seller.
The
buyer can contact us through this link https://www.TheHardwarebazar.com/helpcentre if
the issue with the Seller is not resolved. TheHardwarebazar's Customer Support
team will look into the case to check for possible fraud and if the Buyer has
been blacklisted/blocked from making purchases on the Platform. Only after
verifying these facts, a dispute can be registered.
CS team will not facilitate a conference call, CS team acts as
the bridge between customer and seller.
When a dispute has been raised, TheHardwarebazar may provide
both the parties access to each others Display Names, contact details including
email addresses and other details pertaining to the dispute. Buyers and Sellers
are subject to final consent from TheHardwarebazar for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on TheHardwarebazar
are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of
delivery of the product
Any damage or loss to the product after delivery will not be
covered under this program and will completely be the Buyer's responsibility.
Buyers should refuse to accept delivery if the item is damaged.
To
be able to take advantage of the Buyer Protection Program, Buyers should first
contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear
from the Seller or is unable to resolve the issue with the Seller even after
contact, a dispute can be raised with TheHardwarebazar by contacting us through
the link: https://www.TheHardwarebazar.com/helpcentre
Fraudulent charges and claims are not covered under Buyer
Protection Program
If the Buyer has already initiated chargeback through the credit
card issuing bank, it will not be covered under Buyer Protection Program,
though in such cases a Seller can file a claim through the Seller Protection
Program.
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
Buyers who have reached their maximum lifetime limit for claims
are also not eligible. Buyers can make a maximum of 5 claims per year on TheHardwarebazar.
If the claim was withdrawn, it is not counted. The coverage amount will be
limited to ₹50,000
Through the Buyer Protection program, TheHardwarebazar does not
provide any guarantee/warranty to Buyers for products sold on TheHardwarebazar
against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle
the Buyer to a refund or replacement for the product purchased. TheHardwarebazar
shall verify the disputes so raised and may process only such claims that are
valid and genuine.
TheHardwarebazar shall at no point be responsible for any direct
or indirect losses, expenses, costs of any nature whatsoever that may be
incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where
products are bought by the Buyer by mistake or where the Buyer chooses to
change his/her mind with regard to the product purchased by him) will not be
entertained through this program.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a User who, files an invalid and/or false claims
or provides false, incomplete, or misleading information. In addition to the
legal proceedings as aforesaid, TheHardwarebazar may at its sole discretion
suspend, block, restrict, cancel the Display Name [and its related Display
Names] of such User and/or disqualify that user and any related users from
availing protection through this program.
Decisions made by TheHardwarebazar under the Buyer Protection
Program shall be final and binding on its Users.
TheHardwarebazar reserves the right to modify / discontinue
Buyer Protection Program without any prior notice period to its Users.
Through this program, TheHardwarebazar shall not entertain
claims of Buyers who have incurred loss due to delayed shipment or delivery of
the item by the Seller.
TheHardwarebazar Customer Support Team may seek additional
information / clarification from Buyer to facilitate resolution of the dispute.
In the event Buyer does not respond with information / clarification sought
within 10 days of such request, the dispute shall be auto-closed in favour of
the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank,
following situations may arise:
1. Item
not received CB - Buyer hasn't received the item. Refund will be created in
accordance with the dispute policies
2. Unauthorized
CB - Buyer hasn't made this particular transaction. Refund will be created in
accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete
invoice is the sole and primary responsibility of the Seller. Furthermore,
Seller shall ensure that invoices state "Powered by TheHardwarebazar"
and failing to do so Seller will be liable for chargebacks (as applicable).
1. Item
not as described - meaning item is not what Buyer expected. Dispute will be
decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not
regulated by TheHardwarebazar. TheHardwarebazar encourages its Users to be
professional, courteous and respectful when communicating by email.
However, TheHardwarebazar will investigate and can take action
on certain types of unwanted emails that violate TheHardwarebazar policies.
Such instances:
Threats of Bodily Harm - TheHardwarebazar does not permit Users
to send explicit threats of bodily harm.
Misuse of TheHardwarebazar System - TheHardwarebazar allows
Users to facilitate transactions through the TheHardwarebazar system, but will
investigate any misuse of this service.
Spoof (Fake) email - TheHardwarebazar will never ask you to
provide sensitive information through email. In case you receive any spoof
(fake) email, you are requested to report the same to Us through 'Contact Us'
tab.
Spam (Unsolicited Commercial email) - TheHardwarebazar's spam
policy applies only to unsolicited commercial messages sent by TheHardwarebazar
Users. TheHardwarebazar Users are not allowed to send spam messages to other
Users.
Offers to Buy or Sell Outside of TheHardwarebazar - TheHardwarebazar
prohibits email offers to buy or sell listed products outside of the TheHardwarebazar
Platform. Offers of this nature are a potential fraud risk for both Buyers and
Sellers.
TheHardwarebazar policy prohibits user-to-user threats of
physical harm via any method including, phone, email and on Our public message
boards.
Violations of this policy may result in a range of actions,
including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
TheHardwarebazar does not take responsibility or liability for
the actions, products, content and services on the Platform, which are linked
to Affiliates and / or third party Platforms using Platform's APIs or
otherwise. In addition, the Platform may provide links to the third party
Platforms of Our affiliated companies and certain other businesses for which, TheHardwarebazar
assumes no responsibility for examining or evaluating the products and services
offered by them. TheHardwarebazar do not warrant the offerings of, any of these
businesses or individuals or the content of such third party Platform(s). TheHardwarebazar
does not endorse, in any way, any third party Platform(s) or content thereof.
TheHardwarebazar Infringement Verification (FIV) - Reporting
Listing Violations
TheHardwarebazar has put in place TheHardwarebazar Infringement
Verification process so that intellectual property owners could easily report
listings that infringe their rights. It is in TheHardwarebazar's interest to
ensure that infringing products are removed from the site, as they erode Buyer
and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing
issue, see TheHardwarebazar's FIV. Note: Only the intellectual property rights
owner can report potentially infringing products or listings through FIV. If
you are not the intellectual property rights owner, you can still help by
getting in touch with the rights owner and encouraging them to contact us.
·
If your listing was removed through FIV, and you believe that
your listing was removed in error, please contact us.
TheHardwarebazar does not and cannot verify that Sellers have
the right or ability to sell or distribute their listed products. However, TheHardwarebazar
is committed to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to TheHardwarebazar.
FIV works to ensure that item listings do not infringe upon the
copyright, trademark or other intellectual property rights of third parties.
FIV participants have the ability to identify and request removal of allegedly
infringing products and materials.
Any person or company who holds intellectual property rights
(such as a copyright, trademark or patent) which may be infringed upon by
products listed on TheHardwarebazar is encouraged to become a FIV member.
Program membership entitles you (Verified Rights Owner) to the
following benefits:
·
Rapid response by TheHardwarebazar in ending listings reported
by you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged
infringements
·
The ability to obtain identifying information about TheHardwarebazar's
users'
How to Become a FIV Member
To join the FIV, we require only that you fully complete and
email Us a Notice of Infringement form specifying the allegedly infringing
listings and the infringed work, complete with an original authorized
signature. The information requested by the Notice of Infringement is designed
to ensure that parties reporting products are authorized by the rights owners,
and to enable TheHardwarebazar to easily identify the material or listing to be
ended.
In the interest of keeping the process easy and simple, after we
receive your first Notice of Infringement in hard copy, future notices can be
sent to Us by email at ss@TheHardwarebazar.com.
Note: In your notice of infringement, you shall be required to
identify the individual listing which is infringing your intellectual property.
General notices shall not be accepted.
We are happy to receive such information, but must advise that
we may be limited in Our ability to respond to your request absent formal
notice from an authorized rights owner.
Notice of Infringement
TheHardwarebazar Internet Private Limited
_______________________
_______________________
I, [name] ____________________________ of [address]
_________________________ do solemnly and sincerely declare as follows:
1. I am
the owner of certain intellectual property rights, said owner being named
__________________ ("IP Owner").
2. I have
a good faith belief that the item listings or materials identified in the
annexure attached hereto are not authorised by the above IP Owner, its agent,
or the law and therefore infringe the IP Owner's rights. Please expeditiously
remove or disable access to the material or products claimed to be infringing.
3. I may
be contacted at:
Name ___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date _________________________________________________________________
and I make this declaration conscientiously believing it to be
true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use
the reasons below. When removing products from the site, TheHardwarebazar will
inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item
you report with only one reason code.
Trademark-infringement
1. Trademark
owner doesn't make this type of product or has discontinued the production of
the product
2. Item(s)
is an unlawful replica of a product made by the trademark owner or is
counterfeit
Trademark-listing description infringement
1. Listing(s)
has unlawful comparison to trademark owner's brand or product
2. Listing(s)
contains unlawful use of trademark owner's logo
Copyright-item infringement
1. Software
is being offered without any license or in violation of a license
2. Item(s)
is a bootleg recording;
3. Item(s)
is an unlawful copy (software, games, movies, etc.);
4. Item(s)
is unlawful duplication of printed material
5. Item(s)
is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s)
comprises unauthorized copy of copyrighted text
2. Listing(s)
comprises unauthorized copy of copyrighted image
3. Listing(s)
comprises unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed: _________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please
provide the ownership of Trademark (Trademark Registration Certificate should
be in the name of applicant)
2. Please
provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to infringement@TheHardwarebazar.com;
or ss@TheHardwarebazar.com.
Contacting the Seller
At
TheHardwarebazar we are committed towards ensuring that disputes between
sellers and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.
Alternatively, the buyers may also reach out to customer support at 1800 202
9898 or access help center at https://www.TheHardwarebazar.com/helpcentre.
For
Buyers from Maharashtra
TheHardwarebazar Terms of Use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.TheHardwarebazar.com][www.TheHardwarebazar.com] (“Website”), including the related mobile
site and mobile application (hereinafter referred to as “Platform”)
The Platform is owned by TheHardwarebazar Internet Private
Limited a company incorporated under the Companies Act, 1956 with its
registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech
Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103,
Karnataka, India and its branch offices at 2nd Floor, Block F (Flora), Embassy
Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru-560103,
Karnataka, India and; 447/C, 12th Main, 4th Block, Koramangala,
Bengaluru-560034, Karnataka, India (hereinafter referred to as "TheHardwarebazar").
Your
use of the Platform and services and tools are governed by the following terms
and conditions ("Terms of Use") as
applicable to the Platform including the applicable policies which are
incorporated herein by way of reference. If You transact on the Platform, You
shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, You shall be contracting with TheHardwarebazar
Internet Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with TheHardwarebazar.
For
the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall
mean any natural or legal person who has agreed to become a buyer on the
Platform by providing Registration Data while registering on the Platform as
Registered User using the computer systems. TheHardwarebazar allows the User to
surf the Platform or making purchases without registering on the Platform. The
term "We",
"Us", "Our" shall mean TheHardwarebazar
Internet Private Limited.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use. We reserve the right, at Our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written
notice to You. It is Your responsibility to review these Terms of Use
periodically for updates / changes. Your continued use of the Platform
following the posting of changes will mean that You accept and agree to the
revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly
accepting these Terms of Use, You also accept and agree to be bound by TheHardwarebazar
Policies ((including but not limited to Privacy Policy available at Privacy) as
amended from time to time.
Membership
Eligibility
Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the
Platform. If you are a minor i.e. under the age of 18 years, you may use the
Platform or access content on the Platform only under the supervision and prior
consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such
transaction on the Platform may be made by your legal guardian or parents. TheHardwarebazar
reserves the right to terminate your membership and / or refuse to provide you
with access to the Platform if it is brought to TheHardwarebazar's notice or if
it is discovered that You are under the age of 18 years and transacting on the
Platform.
Your
Account and Registration Obligations
If You use the Platform, 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 agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not
in accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on the
Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as
Your primary identifier on the Platform. It is your responsibility to ensure
that Your mobile phone number and your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your mobile phone number
or e-mail address changes by updating the same on the Platform through a
onetime password verification.
You agree that TheHardwarebazar shall not be liable or
responsible for the activities or consequences of use or misuse of any
information that occurs under your Account in cases, including, where You have
failed to update Your revised mobile phone number and/or e-mail address on the
Website Platform.
If You share or allow others to have access to Your account on
the Platform (“Account”), by creating separate profiles under Your Account, or
otherwise, they will be able to view and access Your Account information. You
shall be solely liable and responsible for all the activities undertaken under
Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or other data,
information or communication to us, You agree and understand that You are
communicating with Us through electronic records and You consent to receive
communications via electronic records from Us periodically and as and when
required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
Platform
for Transaction and Communication
The Platform is a platform that Users utilize to meet and
interact with one another for their transactions. TheHardwarebazar is not and
cannot be a party to or control in any manner any transaction between the
Platform's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. TheHardwarebazar does not have any control or
does not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by TheHardwarebazar.
2. Placement
of order by a Buyer with Seller on the Platform is an offer to buy the
product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3. TheHardwarebazar
does not make any representation or Warranty as to specifics (such as quality,
value, salability, etc) of the products or services proposed to be sold or
offered to be sold or purchased on the Platform. TheHardwarebazar does not implicitly
or explicitly support or endorse the sale or purchase of any products or
services on the Platform. TheHardwarebazar accepts no liability for any errors
or omissions, whether on behalf of itself or third parties.
4. TheHardwarebazar
is not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. TheHardwarebazar cannot and does not guarantee
that the concerned Buyers and/or Sellers will perform any transaction concluded
on the Platform. TheHardwarebazar shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
5. TheHardwarebazar
does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc) of any of its Users. You are
advised to independently verify the bona fides of any particular User that You
choose to deal with on the Platform and use Your best judgment in that behalf.
6. TheHardwarebazar
does not at any point of time during any transaction between Buyer and Seller
on the Platform come into or take possession of any of the products or services
offered by Seller nor does it at any point gain title to or have any rights or
claims over the products or services offered by Seller to Buyer.
7. At no
time shall TheHardwarebazar hold any right, title or interest over the products
nor shall TheHardwarebazar have any obligations or liabilities in respect of
such contract entered into between Buyers and Sellers. TheHardwarebazar is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8. The
Platform is only a platform that can be utilized by Users to reach a larger
base to buy and sell products or services. TheHardwarebazar is only providing a
platform for communication and it is agreed that the contract for sale of any
of the products or services shall be a strictly bipartite contract between the
Seller and the Buyer.
At no time shall TheHardwarebazar hold any right, title or
interest over the products nor shall TheHardwarebazar have any obligations or
liabilities in respect of such contract.
TheHardwarebazar is not responsible for unsatisfactory or
delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for business
purchases on the Platform.
1.
Upon Your purchase of product(s) eligible for business
purchases, You may be able to avail the benefits of GST input tax credit.
Accordingly, at your request, an invoice containing the GSTIN as provided by
You ("Tax Invoice") shall be issued to You by the Seller(s) selling
such products.
o
GST invoice will have, inter alia, the following details printed
on it: -GSTIN associated with your registered business, as provided by you
o
Entity name of your registered business, as provided by you
o
Not all products are eligible for business purchases on the
Platform and the same is solely at the discretion of the Sellers. You will be
able to view the eligibility of Tax Invoice on the product page on the
Platform.
o
Purchases on the Platform must only be for end consumption.
Users must not use products purchased on the Platform for any commercial, promotional,
resale or further distribution purposes.
o
For seamless availment of input tax credit, kindly mention the
delivery address as the address which is mentioned as the registered place of
business as per the records of GST authority. Please note that availment of
input tax credit is subject to provisions of GST Act and rules.
o
The delivery and billing addresses will be required to be the
same, please note that input tax credit will be denied by GST authority if the
delivery address and GSTIN in the GST invoice are of different states.
o
If GSTIN and/or business entity details are not provided by You,
it will be presumed that it is a personal purchase and not a business purchase.
o
TheHardwarebazar is not responsible to verify the correctness of
the GSTIN and/or entity name provided by You and You shall be entirely
responsible to provide the accurate details.
o
TheHardwarebazar and Seller shall not entertain any request for
any revision in the GST Invoice. TheHardwarebazar and Seller shall not be
liable for Your default including for reasons associated with details provided
by You.
o
TheHardwarebazar will not be liable in case You are not able to
avail input tax credit or if input tax credit is denied to You for any reason
whatsoever.
o
You shall be solely liable for all compliances required under
applicable laws.
o
You agree to indemnify and hold TheHardwarebazar and Seller
harmless from all losses, claims, costs, expenses, suits, proceedings, or any
other liability including any third-party claims (including any penalties
imposed by governmental authorities) arising out of or in connection with (1)
the GSTIN and/or entity name provided by you or the input tax credit claimed by
you or your use or misuse of the GST Invoice and (2) your non-compliance with
the applicable laws or (3) your use or misuse of any third-party’s details
including GSTIN.
o
TheHardwarebazar has the right to not allow business purchases
on the Platform to You if a fraudulent activity is identified.
o
Seller reserves the right to not issue Tax Invoice or issue a
credit note against an already issued Tax Invoice to cancel the transaction, if
any fraudulent activity is identified.
2.
You shall independently agree upon the manner and terms and
conditions of delivery, payment, insurance etc. with the seller(s) that You
transact with.
Disclaimer: Pricing on any product(s) as is reflected on the
Platform may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
1. You
release and indemnify TheHardwarebazar and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, TheHardwarebazar cannot take responsibility
or control the information provided by other Users which is made available on
the Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please note that there could be risks in dealing with underage
persons or people acting under false pretence.
Charges
TheHardwarebazar may charge a nominal fee for browsing and
buying on the Platform. TheHardwarebazar reserves the right to change its Fee
Policy from time to time. In particular, TheHardwarebazar may at its sole
discretion introduce new services/fees and modify some or all of the existing
services/fees offered on the Platform. In such an event, TheHardwarebazar
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing/new services, as the case may be. Changes to
the Fee Policy shall be posted on the Platform and such changes shall
automatically become effective immediately after they are posted on the
Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
You shall be solely responsible for compliance of all applicable laws including
those in India for making payments to TheHardwarebazar Internet Private Limited
Use of
the Platform
You agree, undertake and confirm that Your use of Platform shall
be strictly governed by the following binding principles:
1. You
shall not host, display, upload, modify, publish, transmit, update or share any
information which:
(a) belongs to another person and to which You does not have any
right to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of
the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden
pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent
or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
(m) contains video, photographs, or images of another person
(with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Platform or
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, TheHardwarebazar's prior
written consent means a communication coming from TheHardwarebazar's Legal
Department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which
We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the
Platform or any other individual's User and enjoyment of similar services;
(r) refers to any Platform or URL that, in Our sole discretion,
contains material that is inappropriate for the Platform or any other Platform,
contains content that would be prohibited or violates the letter or spirit of
these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin
of such messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, 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 any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer,
trade or attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in
whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
1. You
shall not use any "deep-link", "page-scrape",
"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 Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2. You
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any
server, computer, network, or to any of the services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate
means.
3. You
shall not probe, scan or test the vulnerability of the Platform or any network
connected to the Platform nor breach the security or authentication measures on
the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other User of or visitor
to Platform, or any other customer, including any account on the Platform not
owned by You, to its source, or exploit the Platform or any service or
information made available or offered by or through the Platform, in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information, as
provided for by the Platform.
4. You
shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us including the
terms TheHardwarebazar, Flyte, Digiflip, Flipcart, TheHardwarebazar.com, or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of TheHardwarebazar or sellers on platform or otherwise tarnish or
dilute any TheHardwarebazar's trade or service marks, trade name and/or
goodwill associated with such trade or service marks, trade name as may be
owned or used by us. You agree that You will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Platform or TheHardwarebazar's systems or networks, or any systems or networks
connected to TheHardwarebazar.
5. You agree
not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Platform or any transaction being conducted on
the Platform, or with any other person's use of the Platform.
6. You may
not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal You send to Us on or through the Platform
or any service offered on or through the Platform. You may not pretend that You
are, or that You represent, someone else, or impersonate any other individual
or entity.
7. You may
not use the Platform or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of TheHardwarebazar and /
or others.
8. You
shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in Force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force.
9. Solely
to enable Us to use the information You supply Us with, so that we are not
violating any rights You might have in Your Information, You agree to grant Us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Platform.
10. From
time to time, You shall be responsible for providing information relating to
the products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
11. You
shall not engage in advertising to, or solicitation of, other Users of the
Platform to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Platform or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Platform. It shall be a violation of these
Terms of Use to use any information obtained from the Platform in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. In order to protect Our Users from such advertising or solicitation,
We reserve the right to restrict the number of messages or emails which a user
may send to other Users in any 24-hour period which We deems appropriate in its
sole discretion. You understand that We have the right at all times to disclose
any information (including the identity of the persons providing information or
materials on the Platform) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government officials,
as we, in Our sole discretion, believe necessary or appropriate in connection
with the investigation and/or resolution of possible crimes, especially those
that may involve personal injury.
We reserve the right, but has no obligation, to monitor the
materials posted on the Platform. TheHardwarebazar shall have the right to
remove or edit any content that in its sole discretion violates, or is alleged
to violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please
be advised that such Content posted does not necessarily reflect TheHardwarebazar
views. In no event shall TheHardwarebazar assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting
from use of Content and/or appearance of Content on the Platform. You hereby
represent and warrant that You have all necessary rights in and to all Content
which You provide and all information it contains and that such Content shall
not infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Platform, including payment and delivery of
related products or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You and such
advertiser. We shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Platform.
2. It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Platform and that
You may be involuntarily exposed to such offensive and obscene materials. It
also is possible for others to obtain personal information about You due to
your use of the Platform, and that the recipient may use such information to
harass or injure You. We does not approve of such unauthorized uses, but by
using the Platform You acknowledge and agree that We are not responsible for
the use of any personal information that You publicly disclose or share with
others on the Platform. Please carefully select the type of information that
You publicly disclose or share with others on the Platform.
3. TheHardwarebazar
shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed
Denial of Services).
4.
If you choose to browse or transact on the Platform using the
voice command-based shopping
feature, you acknowledge that TheHardwarebazar and/or its affiliates will
collect, store and use your voice inputs on this feature to customize your
experience and provide additional functionality as well as to improve TheHardwarebazar’s
and/or its affiliates’ products and services. TheHardwarebazar’s and/or its
affiliates’ use of your voice data will be in accordance with the TheHardwarebazar
Privacy Policy. You accept that your use of this feature is restricted to the
territory of the Republic of India. This feature may not be accessible on
certain devices and requires an internet connection. TheHardwarebazar reserves
the right to change, enhance, suspend, or discontinue this feature, or any part
of it, at any time without notice to you. Your continued use of this feature
constitutes your acceptance of the terms related to this feature.
5.
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada
and Marathi, Bengali, Gujarati , Odia, Malayalam, Punjabi & Assamese
translation features are made available on the Platform on a reasonable effort
basis for convenience only, without any representation or warranties by TheHardwarebazar,
express or implied, including the translations being error free, their
accuracy, completeness or reliability. Under the translation feature, You will
have the option to adding delivery addresses in the language selected by You
out of the featured languages. Such delivery addresses shall be transliterated
in English language for processing, handling and fulfilling Your orders on the
Platform. TheHardwarebazar expressly disclaims any liability of any nature
whatsoever arising from or related to the said translation/transliteration
features on the Platform. Some features and sections on the Platform may not be
translated in the language selected by You [Hindi, Telugu, Tamil, Kannada,
Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language,
as applicable], and the English version of the same will be the definitive
version. In the event of any conflict or inconsistency between the translated
terms and the English version available on the Platform, the English version on
the Platform shall prevail. This feature may not be accessible on certain
devices. TheHardwarebazar reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to You.
·
TheHardwarebazar Foundation is a Section 8 company registered
under the Companies Act 2013.
·
The amount received as donation will be donated to NGOs and
similar charitable organizations working in the selected thematic - areas. You
can visit www.TheHardwarebazarfoundation.org to know more on this.
·
The contribution, once made, will not be refunded.
·
No certificate under section 80G of the Income Tax Act, 1961
will be issued.
·
By proceeding to donate, you understand and confirm that this
donation is not from any foreign source as defined under Foreign Contribution
(Regulation) Act, 2010.
·
TheHardwarebazar Foundation disclaims any and all liability and
assumes no responsibility whatsoever for consequences resulting from any
actions or inactions of the NGOs or charitable organizations.
·
By proceeding to donate the money, you consent and expressly
waive any and all claims, rights of action and/or remedies (under law or
otherwise) that you may have against any of the TheHardwarebazar Group entities
arising out of or in connection with the aforesaid transaction.
·
The donation is being collected on behalf of the TheHardwarebazar
Foundation and is disbursed to TheHardwarebazar Foundation. TheHardwarebazar
Internet Pvt Ltd disclaims all liabilities and assumes no responsibility from
consequences resulting from actions/ inactions of the TheHardwarebazar
Foundation.
Contents
Posted on Platform
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and TheHardwarebazar
has no control over such third party user generated content as TheHardwarebazar
is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of
the Platform and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Platform or other medium for publication or distribution or for any commercial
enterprise, without TheHardwarebazar's express prior written consent.
You may use information on the products and services purposely
made available on the Platform for downloading, provided that You (1) do not
remove any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational purpose and
do not copy or post such information on any networked computer or broadcast it
in any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails,
reviews, ratings, billboard postings, photos, drawings, profiles, opinions,
ideas, images, videos, audio files or other materials or information posted or
transmitted to the Platform (collectively, "Content"). Such Content
will become Our property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with
Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, 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. You agree that any Content You post may be
used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other compensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR
SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN.
PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE
ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very important
principle. We understand clearly that You and Your Personal Information is one
of Our most important assets. We store and process Your Information including
any sensitive financial information collected (as defined under the Information
Technology Act, 2000), if any, on computers that may be protected by physical
as well as reasonable technological security measures and procedures in
accordance with Information Technology Act 2000 and Rules there under.Our
current Privacy Policy is available at Privacy. Our current Privacy Policy is
available at Privacy. f You object to Your Information being transferred or
used in this way please do not use Platform. If You object to Your Information
being transferred or used in this way please do not use Platform.
We may share personal information with our other corporate
entities and affiliates. These entities and affiliatesmay market to you as a
result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This
disclosure may be required for us to provide youaccess to our Services, to
comply with our legal obligations, to enforce our User Agreement, to facilitate
our marketing and advertising activities, or to prevent, detect, mitigate, and
investigate fraudulent or illegal activities related to our Services. We do not
disclose your personal information to third parties for their marketing and
advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary to
respond to subpoenas, court orders, or other legal process. We may disclose
personal information to law enforcement offices, third party rights owners, or
others in the good faith belief that such disclosure is reasonably necessary
to: enforce our Terms or Privacy Policy; respond to claims that an
advertisement, posting or other content violates the rights of a third party;
or protect the rights, property or personal safety of our users or the general
public.
We and our affiliates will share / sell some or all of your
personal information with another business entity should we (or our assets)
plan to merge with, or be acquired by that business entity, or re-organization,
amalgamation, restructuring of business. Should such a transaction occur that
other business entity (or the new combined entity) will be required to follow
this privacy policy with respect to your personal information.
Disclaimer
of Warranties and Liability
This Platform, all the materials and products (including but not
limited to software) and services, included on or otherwise made available to
You through this site are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, TheHardwarebazar does not warrant that:
This Platform will be constantly available, or available at all;
or
The information on this Platform is complete, true, accurate or
non-misleading.
TheHardwarebazar will not be liable to You in any way or in
relation to the Contents of, or use of, or otherwise in connection with, the
Platform. TheHardwarebazar does not warrant that this site; information,
Content, materials, product (including software) or services included on or
otherwise made available to You through the Platform; their servers; or
electronic communication sent from Us are free of viruses or other harmful
components.
Nothing on Platform constitutes, or is meant to constitute,
advice of any kind. All the Products sold on Platform are governed by different
state laws and if Seller is unable to deliver such Products due to implications
of different state laws, Seller will return or will give credit for the amount
(if any) received in advance by Seller from the sale of such Product that could
not be delivered to You.
You will be required to enter a valid phone number while placing
an order on the Platform. By registering Your phone number with us, You consent
to be contacted by Us via phone calls, SMS notifications, mobile applications
and/or any other electronic mode of communication in case of any order or
shipment or delivery related updates. We will not use your personal information
to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to list item(s) for sale
on the Platform in accordance with the Policies which are incorporated by way
of reference in this Terms of Use. You must be legally able to sell the item(s)
you list for sale on our Platform. You must ensure that the listed items do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. Listings may
only include text descriptions, graphics and pictures that describe your item
for sale. All listed items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment of
sales.
The listing description of the item must not be misleading and
must describe actual condition of the product. If the item description does not
match the actual condition of the item, you agree to refund any amounts that
you may have received from the Buyer. You agree not to list a single product in
multiple quantities across various categories on the Platform. TheHardwarebazar
reserves the right to delete such multiple listings of the same product listed
by you in various categories.
Services
Payment
While availing any of the payment method/s available on the
Platform, we will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of
authorization for any transaction/s, or
2. Exceeding
the preset limit mutually agreed by You and between "Bank/s", or
3. Any
payment issues arising out of the transaction, or
4. Decline
of transaction for any other reason/s
All payments made against the purchases/services on Platform by
you shall be compulsorily in Indian Rupees acceptable in the Republic of India.
Platform will not facilitate transaction with respect to any other form of
currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may
request you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest of
providing a safe online shopping environment to Our Users.
Further:
1. Transactions,
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite
contractual obligations between Buyer and Seller and payment facility is merely
used by the Buyer and Seller to facilitate the completion of the Transaction.
Use of the payment facility shall not render TheHardwarebazar liable or
responsible for the non-delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or warranty
services or fraud as regards the products and /or services listed on TheHardwarebazar's
Platform.
2. You
have specifically authorized TheHardwarebazar or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price electronically
or through Cash on Delivery to and from other Users in respect of transactions
through Payment Facility. Your relationship with TheHardwarebazar is on a
principal to principal basis and by accepting these Terms of Use you agree that
TheHardwarebazar is an independent contractor for all purposes, and does not
have control of or liability for the products or services that are listed on TheHardwarebazar's
Platform that are paid for by using the Payment Facility. TheHardwarebazar does
not guarantee the identity of any User nor does it ensure that a Buyer or a
Seller will complete a transaction.
3. You
understand, accept and agree that the payment facility provided by TheHardwarebazar
is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving payment
through Cash On Delivery, collection and remittance facility for the
Transactions on the TheHardwarebazar Platform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, TheHardwarebazar is neither acting as trustees nor
acting in a fiduciary capacity with respect to the Transaction or the
Transaction Price.
Payment Facility for Buyers:
1. You, as
a Buyer, understand that upon initiating a Transaction You are entering into a
legally binding and enforceable contract with the Seller to purchase the
products and /or services from the Seller using the Payment Facility, and You
shall pay the Transaction Price through Your Issuing Bank to the Seller using
Payment Facility.
2. You, as
a Buyer, may agree with the Seller through electronic communication and
electronic records and using the automated features as may be provided by
Payment Facility on any extension / increase in the Dispatch and/or Delivery
time and the Transaction shall stand amended to such extent. Any such extension
/ increase of Dispatch / Delivery time or subsequent novation / variation of
the Transaction should be in compliance with Payment Facility Rules and
Policies.
3. You, as
a Buyer, shall electronically notify Payment Facility using the appropriate TheHardwarebazar
Platform features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non
Delivery within the time period specified in the Policies shall be construed as
a deemed Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
4. You, as
a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your
sole and exclusive remedy) in case You do not receive the Delivery within the
time period agreed in the Transaction or within the time period as provided in
the Policies, whichever is earlier. In case you do not raise a refund claim
using Platform features within the stipulated time than this would make You
ineligible for a refund.
5. You, as
a Buyer, understand that the Payment Facility may not be available in full or
in part for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
6. Except
for Cash On Delivery transaction, refund, if any, shall be made at the same
Issuing Bank from where Transaction Price was received, or through any other
method available on the Platform, as chosen by You.
7. For
Cash On Delivery transactions, refunds, if any, will be made via electronic
payment transfers.
8. Refund
shall be made in Indian Rupees only and shall be equivalent to the Transaction
Price received in Indian Rupees.
9. For
electronics payments, refund shall be made through payment facility using NEFT
/ RTGS or any other online banking / electronic funds transfer system approved
by Reserve Bank India (RBI).
10. Refunds
may be supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
11. Refund
shall be conditional and shall be with recourse available to TheHardwarebazar
in case of any misuse by Buyer.
12. We may
also request you for additional documents for verification.
13. Refund
shall be subject to Buyer complying with Policies.
14. TheHardwarebazar
reserves the right to impose limits on the number of Transactions or
Transaction Price which TheHardwarebazar may receive from on an individual
Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the
right to refuse to process Transactions exceeding such limit.
15. TheHardwarebazar
reserves the right to refuse to process Transactions by Buyers with a prior
history of questionable charges including without limitation breach of any
agreements by Buyer with TheHardwarebazar or breach/violation of any law or any
charges imposed by Issuing Bank or breach of any policy.
16. TheHardwarebazar
may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash On Delivery transactions) Transaction Price from
the Buyer for security or other reasons at the discretion of TheHardwarebazar.
As a result of such check if TheHardwarebazar is not satisfied with the
creditability of the Buyer or genuineness of the Transaction or other reasons
at its sole discretion, TheHardwarebazar shall have the right to reject the
receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of TheHardwarebazar.
17. TheHardwarebazar
may delay notifying the payment confirmation i.e. informing Seller to Dispatch,
if TheHardwarebazar deems suspicious or for Buyers conducting high transaction
volumes to ensure safety of the Transaction and Transaction Price. In addition,
TheHardwarebazar may hold Transaction Price and TheHardwarebazar may not inform
Seller to Dispatch or remit Transaction Price to law enforcement officials
(instead of refunding the same to Buyer) at the request of law enforcement
officials or in the event the Buyer is engaged in any form of illegal activity.
18. The
Buyer and Seller acknowledge that TheHardwarebazar will not be liable for any
damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of TheHardwarebazar.
Compliance with Laws:
1. As
required by applicable law, if the Customer makes a purchase of an amount equal
to or above INR 2 00 000.00, the Customer will be required to upload a scanned
copy of his/her PAN card on the Platform, within 4 days of making the purchase,
failing which, the purchase made by the Customer will be cancelled. The
requirement to submit the PAN card arises only once and if it has been
submitted once by the Customer, it need not be submitted again. The order of
the Customer shall stand cancelled if there is a discrepancy between the name
of the Customer and the name on the PAN Card.
2. Buyer
and Seller shall comply with all the applicable laws (including without
limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, 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, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and TheHardwarebazar Platform.
Buyer's arrangement with Issuing Bank:
1. All
Valid Credit / Debit/ Cash Card/ and other payment instruments are processed
using a Credit Card payment gateway or appropriate payment system
infrastructure and the same will also be governed by the terms and conditions
agreed to between the Buyer and the respective Issuing Bank and payment
instrument issuing company.
2. All
Online Bank Transfers from Valid Bank Accounts are processed using the gateway
provided by the respective Issuing Bank which support Payment Facility to
provide these services to the Users. All such Online Bank Transfers on Payment
Facility are also governed by the terms and conditions agreed to between Buyer
and the respective Issuing Bank.
TheHardwarebazar's Replacement Guarantee*
TheHardwarebazar's Replacement Guarantee seeks to assist Buyers
who have been defrauded by qualified sellers on the Platform. The return policy
period (TheHardwarebazar's Replacement Guarantee) depends on the product
category and the seller. Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the seller subject
to the following terms and conditions
1. Notify
seller of any defects in the product/s at the time of delivery of the product/s
and/or within the applicable return policy period and the same product/s will
be replaced in return of the defective product/s.
2. Replacement
can be for the entire product/s or part/s of the product subject to
availability of the same with the seller.
Following products shall not be eligible for return or
replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services (Flyte music downloads)
f. Any damage/defect which are not covered under the
manufacturer's warranty
g. Any product that is returned without all original packaging
and accessories, including the box, manufacturer's packaging if any, and all
other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day
exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial),
altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that
come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery,
Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in Lifestyle
category (includes clothing, footwear, etc.) are meanwhile covered by the 30
Day Replacement Guarantee. Kindly click here to know the return policy period
(Replacement Guarantee) applicable for different categories.
If TheHardwarebazar has any suspicion or knowledge that any of
its buyers and sellers are involved in any activity that is intended to provide
claims or information that is false or not genuine, TheHardwarebazar may also,
while reserving its rights to initiate civil and/or criminal proceedings
against such member buyers and sellers, at its sole discretion, suspend, block,
restrict, cancel the Display Name of such buyers and sellers and/or disqualify
that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on TheHardwarebazar
will not be allowed to return their products.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a user who, files a invalid and/or false claims or
provides false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, TheHardwarebazar may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such user and/or disqualify that user and any related users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, files a Fraudulent Complaint containing false,
incomplete, or misleading information may be guilty of a criminal offence and
will be prosecuted to the fullest extent of the law.
Exchange Offers:
By participating in the exchange I confirm that I am the sole
and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the buyback
program is genuine and is not counterfeit, free from any and all encumbrances,
liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale
etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying TheHardwarebazar.com
and any future buyer of the device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by TheHardwarebazar.com, its affiliates or any
future buyer due to usage of the device by you till date and you undertake to
make good the same.
I confirm that all the data in the said device will be erased
before handing it over under buy back program. I also confirm that in spite of
erasing the data manually/electronically, if any data still accessible due any
technical reason, TheHardwarebazar.com, Seller or the Manufacturer shall not be
responsible for the same and I will not approach TheHardwarebazar.com for any
retrieval of the data.
I hereby give my consent that my personal information that I
have provided in connection with this buyback program might be processed,
transferred and retained by the retailer and other entities involved in
managing the program for the purposes of validating the information that I
provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the TheHardwarebazar.com
and any future buyer of the old device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by TheHardwarebazar.com, its affiliates or any
future buyer due to usage of the device by me till date and I undertake to make
good the same.
I understand once a device is sent by me to TheHardwarebazar, in
no scenario can this device be returned back to me.
I understand that the new device delivery and the old device
pickup will happen simultaneously (hand in hand) and I shall keep the old
device ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO funded
distribution programs are not accepted for exchange under exchange offers.
Digital
Content: Music
Music (MP3 format): Only certain short listed Seller (at the
sole discretion of TheHardwarebazar) shall be entitled to sell Music (MP3
format) on the Platform. You may be able to purchase DRM-free digital music in
MP3 file format on the Platform from the respective Sellers. Such MP3 music
files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified
download rights of DRM-free MP3 music files from the catalogue of MP3 music
displayed on the Platform. The MP3 music may include full-length MP3 audio tracks
at best available bit rate and certain other premium features, as may be
provided on the Platform by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3
music only through the Platform and Flyte Music Application as may be made
available from time to time on the Platform, only within the territory of
India.
Rights Granted: Music download right is a non-exclusive,
non-transferable right to use for your personal, non-commercial, entertainment
use, subject to and in accordance with the Terms of Use. You may copy, store,
transfer and burn the MP3 music file only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You
represent, warrant and agree that You will use the MP3 music file only for your
personal, non-commercial, entertainment use and not for any redistribution of
the same or other use restricted in this Section. You agree not to infringe the
rights of the copyright owners and to comply with all applicable laws in your
use of the MP3 music file. You agree that You will not redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or
otherwise transfer or use MP3 music file. You are not granted any synchronization,
public performance, promotional use, commercial sale, resale, reproduction or
distribution rights for MP3 music file. You acknowledge that the MP3 music file
embodies the intellectual property of a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability to
You for MP3 music file downloaded by You on the Platform if You find the same
to be offensive, indecent or objectionable and expressions through the audio
files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for
purchasing MP3 music on the Platform currently.
All
Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All
sales of MP3 music files are final. Returns of MP3 music files are not permissible
on Platform. Once You have purchased MP3 music files, TheHardwarebazar
encourages You to download it promptly. If You are unable to complete a
download, please contact customer service within
6 hours of the payment.
Further TheHardwarebazar assumes no liability if your media
player does not support the file format made available by the Seller on the
Platform or your browser does not support the music download application /
software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of MP3
music files You have downloaded, including any loss due to a computer or hard
drive crash.
Seller may, from time to time, at its sole discretion, remove MP3
music files from the Service without notice.
Intellectual Property Rights: It is hereby specifically recorded
that the copyright and other Intellectual Property in the music available on
the Platform is the sole and exclusive property of third parties. Seller
represents and warrants that Sellers are authorized by such third parties to
upload the music on the Platform for license of use to the end customers.
Intellectual Property Rights for the purpose of this Terms of Use shall always
mean and include copyrights whether registered or not, patents including rights
of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of TheHardwarebazar
as the owner of such domain name. The Parties hereto agree and confirm that no
part of any Intellectual Property rights mentioned hereinabove is transferred
in the name of User and any intellectual property rights arising as a result of
these presents shall also be in the absolute ownership, possession and Our
control or control of its licensors, as the case may be.
Your request to download a MP3 music file is personal to You,
and the track may not be used, sold, rented, transferred, licensed or otherwise
provided to any other User. The license to downloaded tracks includes only
those rights explicitly stated herein (typically, the right to play back for
your own personal use from your personal computer, CD player, digital player,
or other personal consumer electronic device), and, for the avoidance of doubt,
does not include the right to create a derivative work, to make copies other
than for your own personal use, or to use the track in any commercial manner.
You shall promptly notify Us in writing upon your discovery of any unauthorized
use or infringement.
Software: Seller may make available to You, from time to time,
software for Your use in connection with the download of MP3 music files (any
and all such software, individually and collectively, the
"Software").
You may use the Software only in connection with the download of
MP3 music files on the Platform. You may not separate any individual component
of the Software for use other than in connection to the download, may not
incorporate any portion of it into Your own programs or compile any portion of
it in combination with your own programs, may not transfer it for use with
another service, or use it, or any portion of it, over a network and may not
sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. Seller may
discontinue some or all of any Software Seller provide, and Seller may
terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of
Liability in this terms of use, (i) in no event shall Our or software
licensors' total liability to You for all damages arising out of or related to
your use or inability to use the Software and / or download manager or any
other application exceed the amount of ₹20; and (ii) in no event shall Our or
Our Digital Content providers' total liability to You for all damages arising
from your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service
(excluding the Software), exceed the amount You paid to purchase, on the
Service, the Digital Content related to Your claim for damages.
Digital
Content: eBooks
ebook (ePub format): You will be able to purchase DRM-encrypted
eBooks in ePub file format on the TheHardwarebazar Platform and the Flyte
eBooks application. Such ePub files shall be provided to you as per your
selection, subject to certain limitations as described herein. You shall be
granted specified download rights of DRM-encrypted ePub files from the catalog
of eBooks displayed on the Platform.
Download rights: You will need to be registered with TheHardwarebazar
to make an ebook purchase. The eBooks which you purchase from the TheHardwarebazar
Platform or Flyte eBooks application shall be added in your TheHardwarebazar
eBooks library from where you can download the eBooks onto your device(/s).
Each downloaded ebook is locked to the User account and the downloader device.
These downloaded eBooks cannot be transferred onto other devices. Each device
used by you will have to be synced with your online eBooks library. You can
sync a maximum of six(6) devices against your user account. You can download
the eBooks to your mobile or tablet devices for offline reading and can read
the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks application will enable
you to read the digital books purchased from the Flyte eBooks store, on your
mobile or tablet devices. The app also has an in-app Flyte eBooks store where
the user can quickly purchase eBooks. The Flyte eBooks app will be available in
the Android platform. The Android app will be compatible with both mobiles and
tablet devices. You can download the Flyte eBooks android app for free from the
TheHardwarebazar Platform and also Google Play.
Territory: Currently you can purchase downloadable eBooks only
through the Platform and Flyte eBooks Application as may be made available from
time to time on the Platform, only within the territory of India. You have to
be within the Indian Territory to even download the already purchased files
from your TheHardwarebazar eBooks library.
DRM Specifications: The DRM (Digital Rights Management) enables
us to restrict certain permissions. The Flyte DRM specifications restrict the
following permissions:
|
Default
Restrictions |
TheHardwarebazar
Settings |
|
Printing |
Not Allowed |
|
Copying |
Not Allowed |
|
Side-Loading (from one
device to other) |
Not Allowed |
|
e-mailing |
Not Allowed |
|
Saving Images |
Not Allowed |
|
Read out aloud |
Not Allowed |
|
Number of distinct
devices for file downloading |
Allowed (Six) |
|
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees for ebook, we
grant you a non-exclusive, non-transferable right to use the downloaded ebook
for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You may store the ebook only for your
personal, non-commercial, entertainment use, subject to and in accordance with
the Terms of Use.
You represent, warrant and agree that you will use the ebook
only for your personal, non-commercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization, public performance,
promotional use, commercial sale, resale, reproduction or distribution rights
for ebook. You acknowledge that the ebook embodies the intellectual property of
a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability to
you for ebook downloaded by You on the Platform or Flyte Apps if you find the
same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook displayed on
the Platform represents the full retail price (inclusive of all taxes unless
specified otherwise) for said downloadable ebook. You shall pay for such downloadable
ebook using one of the payment options available on the Platform.
The Price List mentions the prices of each downloadable ebook
and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our
right to change the prices of the ebook and services and the availability of
the same at our sole discretion.
TheHardwarebazar will allow the user to buy ebook using the
following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> TheHardwarebazar Wallet
--> any other mode of payment, as may be decided and made
available on the Platform.
Please note that payment can be made only in India Rupees and
all the above payment instruments must have been issued by entities operating
in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for
purchasing ebook on the Platform currently.
Payment made by credit card or any other mode as mentioned above
should be received by us on time. If for any reason we do not receive payment
from the credit card issuer or any agent involved in any of the above payment
modes, You agree that you shall pay all amounts due upon demand by us.
All
Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of
eBooks are final. We do not accept returns of eBooks. Once you have purchased
eBooks, we encourage you to download it promptly. If you are unable to complete
a download, please contact customer service within
30 days of the payment. The ebook will be removed from your library and the
amount that was charged during the payment will be refunded in the form of
store credit. The eBooks will also be replaced in cases of genuine technical
errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of
eBooks you have downloaded, including any loss due to a computer or hard drive
crash. We may, from time to time, at our sole discretion remove eBooks from the
Service without notice.
Intellectual Property Rights: It is hereby specifically recorded
that the copyright and other Intellectual Property in the ebook available on
the Platform is the sole and exclusive property of third parties. We are
authorised by such third parties to upload the ebook on the Platform for
license of use to the end customers. Intellectual Property Rights for the
purpose of this Agreement shall always mean and include copyrights whether
registered or not, patents including rights of filing patents, trademarks,
trade names, trade dresses, house marks, collective marks, associate marks and
the right to register them, designs both industrial and layout, geographical
indicators, moral rights, broadcasting rights, displaying rights, distribution
rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, communicating rights, adapting rights, circulating
rights, protected rights, joint rights, reciprocating rights, infringement
rights. All those Intellectual Property rights arising as a result of domain
names, internet or any other right available under applicable law shall vest in
the domain of TheHardwarebazar Internet Private Limited as the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User and any intellectual property rights arising as a result of these
presents shall also be in the absolute ownership, possession and our control or
control of its licensors, as the case may be.
Your request to download an ebook is personal to you, and the
ebook may not be used, sold, rented, transferred, licensed or otherwise
provided to any other user. The license to downloaded eBooks includes only
those rights explicitly stated herein (typically, the right to read the ebook
in Flyte eBooks Application), and, for the avoidance of doubt, does not include
the right to create a derivative work, to make copies, or to use the ebook in
any commercial manner. You shall promptly notify us in writing upon your
discovery of any unauthorized use or infringement.
Software: We may make available to you, from time to time,
software or updates for your use in connection with the download of eBooks (any
and all such software, individually and collectively, the "Software").
You may use the Software only in connection with the download of
eBooks on the Platform. You may not separate any individual component of the
Software for use other than in connection to the download, may not incorporate
any portion of it into Your own programs or compile any portion of it in
combination with your own programs, may not transfer it for use with another
service, or use it, or any portion of it, over a network and may not sell,
rent, lease, lend, loan, distribute or sub-license the Software or otherwise
assign any rights to the Software in whole or in part. We may discontinue some
or all of any Software we provide, and we may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of
Liability in this terms of use, in no event shall our or our and/or our Digital
Content providers' total liability to You for all damages arising from your use
of the Service, the Digital Content, or information, materials or products
included on or otherwise made available to You through the Service (excluding
the Software), exceed the amount You paid to purchase, on the Service, the
Digital Content related to Your claim for damages.
Digital
Content: TheHardwarebazar Ideas
1. These
Terms of Service (“Terms”) govern your access to and use of TheHardwarebazar
Ideas (hereinafter referred to as “Content”). By viewing the Contents you agree
to be bound by these Terms. Content posted on the Platform is public and can be
viewed by everyone who can see the Page.
2. TheHardwarebazar
is hosting the Content generated by third party users (“Content Owner”), within
the FK Platform for convenience of Platform Users, and as such, TheHardwarebazar
has no ownership or control whatsoever in the Contents displayed. The Contents
posted by the Content Owners are of personal views wherein TheHardwarebazar
plays no role in creating/developing the Content. You are responsible for your
use of the Platform for viewing the Content.
3. By
hosting the Content on the Platform, TheHardwarebazar is neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. TheHardwarebazar is neither endorsing the views, products or the
Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any
information on the Platform, whether the content or any other information, have
not been verified by TheHardwarebazar, therefore, TheHardwarebazar shall not be
responsible for any such content or information. TheHardwarebazar will not bear
any obligation or liability if You rely on the Contents.
5. If You
choose to view or rely, TheHardwarebazar will neither be a party to nor in any
manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6. You
hereby acknowledge that the Contents are created and owned by Content Owners
who own all the rights including the copyrights in the contents. The Contents
are available on the Platform for personal use only and you shall not use it
for any commercial, promotional, resale or further distribution purposes.
7. Any use
or reliance on any Content or materials obtained by you through the Content is
at your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or communications
posted on the Platform or endorse any opinions expressed via the contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. TheHardwarebazar
may not monitor or control the Content posted on the Platform and, we do not
take responsibility for such Content.
8. We
reserve the right to remove Content that violates the Terms of Use, including
for example, copyright or trademark violations, impersonation, unlawful
conduct, or harassment.
9. If you
see an offensive, abusive, or any unlawful content on the Platform, you can
report it to ideas-support@TheHardwarebazar.com
10. You may
find content that offends you or that you simply don’t like, but that doesn’t
violate the content guidelines. If that happens, you can unfollow the user who
posted it or hide the post
11. Your
access to and use of the Services or any Content are at your own risk. You
understand and agree that the Services are provided to you on an “AS IS” and
“AS AVAILABLE” basis. TheHardwarebazar makes no warranty or representation and
disclaim all responsibility and liability for: (i) the completeness, accuracy,
availability, timeliness, security or reliability of any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from your
access to or use of any Content; (iii) the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained through the Content, will create any warranty
or representation not expressly made herein.
12. By
using the Services you agree that TheHardwarebazar, its parents, affiliates,
related companies, officers, directors, employees, agents representatives,
partners and licensors, liability is limited to the maximum extent permissible
by Law.
13. We may
revise these Terms from time to time.
Digital
Content: TheHardwarebazar Video
1.
These Terms of Service (“Terms”) govern your access to and use
of TheHardwarebazar Video (hereinafter referred to as “Content”). By viewing
the Contents you agree to be bound by these Terms. Content posted on the
Platform is public and can be viewed by everyone who can see the Page.
2.
The Content is being hosted on TheHardwarebazar mobile App only
(“Platform”), that is owned and operated by TheHardwarebazar Internet Private
Limited (“TheHardwarebazar”, “We” or “Our”).
3.
Use of TheHardwarebazar Services is available only to persons
who can form a legally binding contract under the Indian Contract Act, 1872.You
must be 18 years of age, to avail the Services. Minors may only use the service
under the supervision of an adult.
4.
TheHardwarebazar is hosting the Content generated by third
parties (“Platform Partners/Content Owners”) as well as TheHardwarebazar (“TheHardwarebazar
Original”) (collectively referred as “Content”) , within the FK Platform for
convenience of Platform Users free of cost that will allow you to access the
digital Content.. As such, TheHardwarebazar has no ownership or control
whatsoever in the Contents displayed which are third party generated. The
Contents posted (other than TheHardwarebazar Originals) are third party
generated contents wherein TheHardwarebazar plays no role in
creating/developing the Content. You are responsible for your use of the Platform
for viewing the Content.
5.
By hosting the Content on the Platform, TheHardwarebazar is
neither guaranteeing nor giving any warranty nor making any representation with
respect to the Contents. TheHardwarebazar is neither endorsing the views,
products or the Services, nor is it responsible for quality or features of the
content displayed on the Platform.
6.
Any information on the Platform, whether the content or any
other information (other than TheHardwarebazar Original), have not been
verified by TheHardwarebazar, therefore, TheHardwarebazar shall not be
responsible for any such content or information. TheHardwarebazar will not bear
any obligation or liability if You rely on the Contents.
7.
If You choose to view or rely, TheHardwarebazar will neither be
a party to nor in any manner concerned with the same nor be liable or
responsible for any act or omission of the Content Owner.
8.
You hereby acknowledge that the Contents are created and owned
by Content Owners who own all the rights including the copyrights in the
contents. The Contents are available on the Platform for personal and
non-commercial use only and you shall not use it for any commercial,
promotional, resale, further distribution or any other unauthorized purposes.
You agree not to use the service for public performances.
9.
You further acknowledge that all the intellectual property
rights contained in TheHardwarebazar Original contents are solely owned by TheHardwarebazar.
During your TheHardwarebazar membership we grant you a limited, non-exclusive,
non-transferable, revocable right to access the TheHardwarebazar Video service
and view the Content. Except for the foregoing, no right, title or interest
shall be transferred to you.
10.
We can terminate your account or place your account on hold in
order to protect our/Partners interest from an actual, probable or suspected
theft or other fraudulent activity.
11.
Any use or reliance on any Content or materials obtained by you
through the Content is at your own risk. We do not endorse, support, represent
or guarantee the completeness, truthfulness, accuracy, or reliability of any
Content or communications posted on the Platform or endorse any opinions
expressed via the contents. You understand that by using the Platform, you may
be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the Content
Owners who originated such Content. TheHardwarebazar may not monitor or control
the Content posted on the Platform and, we do not take responsibility for such
Content.
12.
We reserve the right to remove Content that violates the Terms
of Use, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment.
13.
We may use information such as device ID, location or an account
email address used with an existing TheHardwarebazar account to determine
eligibility and any offers therof.
14.
We may share personal information with our other corporate
entities and Platform Partners only for the purposes of giving enhanced
customer services. You hereby consent to sharing your information with Third
parties unless you specifically opt out. Also, your access to the Services may
also be occasionally suspended or restricted to allow for repairs, maintenance,
or the introduction of new facilities or services at any time without prior
notice. We will attempt to limit the frequency and duration of any such
suspension or restriction.
15.
If you see an offensive, abusive, or any unlawful content on the
Platform, you can report it to customer care of TheHardwarebazar.
16.
Your access to and use of the Services or any Content are at
your own risk. You understand and agree that the Services are provided to you
on an “AS IS” and “AS AVAILABLE” basis. TheHardwarebazar makes no warranty or
representation and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or reliability of
any Content; (ii) any harm to your computer system, loss of data, or other harm
that results from your access to or use of any Content; (iii) the deletion of, or
the failure to store or to transmit, any Content and other communications
maintained by the Services; and (iv) whether the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained through the
Content, will create any warranty or representation not expressly made herein.
17.
By using the Services you agree that TheHardwarebazar, its
parents, affiliates, related companies, officers, directors, employees, agents
representatives, partners and licensors, liability is limited to the maximum
extent permissible by Law.
18.
You shall indemnify and hold harmless TheHardwarebazar its
owner, licensee, affiliates, subsidiaries, group companies, partners (as
applicable) and their respective officers, directors, agents, and employees
from any claim, demand, or actions including reasonable attorneys' fees made by
any third party or penalty imposed due to or arising out of your breach of the
ToU, privacy policy and other policies or your violation of any law, rules,
regulations or the rights (including infringement of intellectual property
rights) of a third party.
19.
Governing laws: The ToU shall be governed, interpreted, and
construed in accordance with the laws of India. The place of jurisdiction shall
exclusively be Bangalore.
20.
We may revise these Terms from time to time.
Indemnity
You shall indemnify and hold harmless TheHardwarebazar, its
owner, licensee, affiliates, subsidiaries, group companies (as applicable) and
their respective officers, directors, 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 this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable
Law
Terms of Use shall be governed by and interpreted and construed
in accordance with the laws of India. The place of jurisdiction shall be
exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. TheHardwarebazar make no
representation that materials in the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
this site from other locations/Countries other than India do so on their own
initiative and TheHardwarebazar is not responsible for supply of
products/refund for the products ordered from other locations/Countries other
than India, compliance with local laws, if and to the extent local laws are
applicable.
Trademark,
Copyright and Restriction
This site is controlled and operated by TheHardwarebazar and
products are sold by respective Sellers. All material on this site, including
images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on
Platform is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit or distribute such material in any
way, including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the prior
written consent of the owner, modification of the materials, use of the
materials on any other Platform or networked computer environment or use of the
materials for any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks and other proprietary rights, and is
prohibited. Any use for which You receive any remuneration, whether in money or
otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
TheHardwarebazar respects the intellectual property of others.
In case You feel that Your Trademark has been infringed, You can write to TheHardwarebazar
at infringement@TheHardwarebazar.com or ss@TheHardwarebazar.com.
Product
Description
TheHardwarebazar we do not warrant that Product description or
other content of this Platform is accurate, complete, reliable, current, or
error-free and assumes no liability in this regard.
Limitation
of Liability
IN NO EVENT SHALL THEHARDWAREBAZAR BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
Contact
Us
Please
contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this platform through the link: https://www.TheHardwarebazar.com/helpcentre.
Grievance officer
In accordance with Information Technology Act 2000 and rules
made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name
and contact details of the Grievance Officer are provided below:
Mr. Shremanth M
Designation: Senior Manager
TheHardwarebazar Internet Pvt Ltd Block B (Begonia),
8th Floor Embassy Tech Village,
Outer Ring Road, Devarabeesanahalli Village,
Varthur Hobli, Bengaluru East Taluk,
Bengaluru District, Karnataka : 560103, India
contact us
Email: grievance.officer@TheHardwarebazar.com
Phone: 1800 202 9898
Time: Mon - Sat (9:00 - 18:00)
Customer
Support: You can reach our customer support team to address any of your queries
or complaints by clicking the link, selecting your order and choosing 'Need
Help' option: https://www.TheHardwarebazar.com/helpcentre
POLICIES
Profanity
Policy
TheHardwarebazar prohibits the use of language that is racist,
hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and
all other areas of the site that another User may view. If the profane words
are part of a title for the item being sold, we allow Sellers to 'blur' out the
bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area
for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users
on the Platform; or email communication between Users in relation to
transactions conducted on Platform contain profanity, please review Our
feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a
User's account, temporary suspension, or a formal warning.
TheHardwarebazar will consider the circumstances of an alleged
policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions,
including:
1. Limits
placed on account privileges;
2. Loss of
special status;
3. Account
suspension.
TheHardwarebazar shall have the right to delete a product review
posted by the customer at its sole discretion, if it is of the opinion that the
review contains offensive language as stated above. Further, if TheHardwarebazar
is of the opinion that the review unfairly either: (i) causes disadvantage to a
product; or (ii) increases the popularity of the product, TheHardwarebazar
shall have the right to delete the customer review. TheHardwarebazar shall
also, at its sole discretion have the right to blacklist the customer from posting
any further customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have been
defrauded by qualified sellers on the Platform. If at the time of delivery
and/or within specified days from the date of delivery of the product/s, if any
defect is found, then the buyer of the product/s can ask for replacement of the
product/s from the seller.
If TheHardwarebazar has suspicion or knowledge, that any of its
buyers and sellers are involved in any activity that is intended to provide
claims or information that is false, misleading or not genuine, then TheHardwarebazar
may while reserving its rights to initiate civil and/or criminal proceedings
against User may also at its sole discretion suspend, block, restrict, cancel
the Display Name of such buyer and seller and /or disqualify that User and any
related Users from availing protection through this program.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a User who, files a invalid and/or false claims or
provides false, incomplete, or misleading information. In addition to the legal
proceedings as aforesaid, TheHardwarebazar may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such User and/or disqualify that User and any related Users from availing
protection through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Complaint containing false, incomplete,
or misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to
s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action of giving back the
item purchased by the Buyer to the Seller on the TheHardwarebazar Platform.
Following situations may arise:
1. Item
was defective
2. Item
was damaged during the Shipping
3. Products
was / were missing
4. Wrong
item was sent by the Seller.
Return could also result in refund of money in most of the
cases.
Points to be noted:
1. Seller
can always accept the return irrespective of the policy.
2. If
Seller disagrees a return request, Buyer can file a dispute under the Buyer
Protection Program*.
We encourage the Buyer to review the listing before making the
purchase decision. In case Buyer orders a wrong item, Buyer shall not be
entitled to any return/refund.
Buyer needs to raise the return request within the return period
applicable to the respective product.Once Buyer has raised a return request by
contacting Us on Our Toll Free Number, Seller while closing the return ticket
can select one of the following:
1. Replace
after shipment collection - Seller has agreed to wait for the logistics team to
collect the shipment from the buyer before replacing it)
2. Refund
after shipment collection - Seller has agreed to wait for the logistics team to
collect the shipment from the buyer before refunding)
3. Refund
without shipment collection - Seller has agreed to refund the buyer without
expecting the original shipment back)
4. Replace
without shipment collection - Seller has agreed to replace the order without
expecting the original shipment back)
5. On
certain select days as specified by TheHardwarebazar (such as 'The Big Billion
Day') separate policies may be applicable.
In the event the Seller accepts the return request raised by the
Buyer, Buyer will have to return the product and then the refund shall be credited
to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the
date of intimation to the Seller about the refund request, the refund request
shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the
product, the following parameters needs to be ensured by the Buyer:
|
Category |
Condition |
|
Electronics |
Should be included |
|
Clothing and Footwear |
Should be "New
& Unworn" (other than for trial) |
|
Beauty, Health &
Personal Care |
Should be "New
& Unopened" |
|
Sports & Equipment |
Should be
"New" and returned with original packaging |
|
Office Products |
Should be
"New" and returned with original packaging |
|
Jewellery |
Should be
"New" and returned with original packaging |
If the product being returned is not in accordance with the
above parameters, then Buyer shall not be entitled to any refund of money from
the Seller.
Shipping cost for returning the product shall be borne and
incurred by the Seller.
Replacement
Definition: Replacement is the action or process of replacing
something in place of another. A Buyer can request for replacement whenever he
is not happy with the item, reason being Damaged in shipping, Defective item,
Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller
can always accept the return irrespective of the policy.
2. If
Seller disagrees for a return request, Buyer can file a dispute under Buyer
Protection Program*.
Buyer needs to raise the replacement request within the return
period applicable to the respective product. Once Buyer has raised a
replacement request by contacting Us on the Toll Free Number provided on the
Platform. Once the replacement request has been raised, the following steps
shall be followed:
1. Buyer
is asked for "Reason for Return". Among others, the following are the
leading reasons:
2. Shipping
was damaged
3. Item
was defective
4. Item
Dead on Arrival
5. Item(s)
were missing
6. Wrong
item sent
7. An
intimation shall be provided to Seller seeking either "approval" or
"rejection" of the replacement request.
8. In case
the Seller accepts the replacement request, Buyer shall be required to return
the product to the Seller and only after return of the product, Seller shall be
obliged to provide the replacement product to the Buyer.
9. Incase
Seller rejects the replacement request, Buyer can choose to raise a dispute by
contacting us through this link: https://www.TheHardwarebazar.com/helpcentre.
In case the Seller doesn't have the product at all, Seller can
provide the refund to the Buyer and Buyer shall be obligated to accept the
refund in lieu of replacement. All the product parameters shall be required to
be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement
request, within three (3) days from the date of replacement request placed by
the Buyer, refund shall be processed in favour of Buyer and Seller shall be
liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and
incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on TheHardwarebazar.
However there may be some cases where both the Buyers and Sellers may face
issues. At TheHardwarebazar, we have a Dispute Resolution process in order to
resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and
a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the
Buyer and the Seller. Disputes arise out of an issue that is raised by either
party not being completely satisfied with the resolution of their
complaint/issue.
It is important that before a Buyer/Seller raises a dispute,
they should attempt to solve the issue. Please note that whenever a Buyer
raises a dispute, the Seller's payment for that order is put on hold
immediately until the issue is resolved.
How is a 'dispute' created?
Whenever
there is a disagreement, the buyer can contact us through this link https://www.TheHardwarebazar.com/helpcentre ,
while the Seller can write to ss@TheHardwarebazar.com, in order to raise a
dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong
item received
2. Item
Not as described
3. Damaged
or Seal broken on Product
4. Part/Accessory
missing
5. Item
not Compatible
6. Seller
Description/Specification Wrong
7. Defective
(Functional issues)
8. Product
not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and
Buyer raises a dispute, then TheHardwarebazar will try to mediate and resolve
the dispute between both the parties. If the dispute is resolved in favour of
the Buyer, a refund is provided once the product is returned to the Seller. If
the dispute is settled in favour of the Seller, Buyer is entitled to any
refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund
or a replacement, TheHardwarebazar will actively work towards reaching a
resolution.
The Buyer Protection Program covers Buyers who are unable to
successfully resolve their dispute with the Seller or are not satisfied the
resolution provided by the Seller.
The
buyer can contact us through this link https://www.TheHardwarebazar.com/helpcentre if
the issue with the Seller is not resolved. TheHardwarebazar's Customer Support
team will look into the case to check for possible fraud and if the Buyer has
been blacklisted/blocked from making purchases on the Platform. Only after
verifying these facts, a dispute can be registered.
CS team will not facilitate a conference call, CS team acts as
the bridge between customer and seller.
When a dispute has been raised, TheHardwarebazar may provide
both the parties access to each others Display Names, contact details including
email addresses and other details pertaining to the dispute. Buyers and Sellers
are subject to final consent from TheHardwarebazar for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on TheHardwarebazar
are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of
delivery of the product
Any damage or loss to the product after delivery will not be
covered under this program and will completely be the Buyer's responsibility.
Buyers should refuse to accept delivery if the item is damaged.
To
be able to take advantage of the Buyer Protection Program, Buyers should first
contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear
from the Seller or is unable to resolve the issue with the Seller even after
contact, a dispute can be raised with TheHardwarebazar by contacting us through
the link: https://www.TheHardwarebazar.com/helpcentre
Fraudulent charges and claims are not covered under Buyer
Protection Program
If the Buyer has already initiated chargeback through the credit
card issuing bank, it will not be covered under Buyer Protection Program,
though in such cases a Seller can file a claim through the Seller Protection
Program.
Blacklisted and Blocked Buyers are not covered by the Buyer
Protection Program.
Buyers who have reached their maximum lifetime limit for claims
are also not eligible. Buyers can make a maximum of 5 claims per year on TheHardwarebazar.
If the claim was withdrawn, it is not counted. The coverage amount will be
limited to ₹50,000
Through the Buyer Protection program, TheHardwarebazar does not
provide any guarantee/warranty to Buyers for products sold on TheHardwarebazar
against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle
the Buyer to a refund or replacement for the product purchased. TheHardwarebazar
shall verify the disputes so raised and may process only such claims that are
valid and genuine.
TheHardwarebazar shall at no point be responsible for any direct
or indirect losses, expenses, costs of any nature whatsoever that may be
incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where
products are bought by the Buyer by mistake or where the Buyer chooses to
change his/her mind with regard to the product purchased by him) will not be
entertained through this program.
TheHardwarebazar reserves its right to initiate civil and/or
criminal proceedings against a User who, files an invalid and/or false claims
or provides false, incomplete, or misleading information. In addition to the
legal proceedings as aforesaid, TheHardwarebazar may at its sole discretion
suspend, block, restrict, cancel the Display Name [and its related Display
Names] of such User and/or disqualify that user and any related users from
availing protection through this program.
Decisions made by TheHardwarebazar under the Buyer Protection Program
shall be final and binding on its Users.
TheHardwarebazar reserves the right to modify / discontinue
Buyer Protection Program without any prior notice period to its Users.
Through this program, TheHardwarebazar shall not entertain
claims of Buyers who have incurred loss due to delayed shipment or delivery of
the item by the Seller.
TheHardwarebazar Customer Support Team may seek additional
information / clarification from Buyer to facilitate resolution of the dispute.
In the event Buyer does not respond with information / clarification sought
within 10 days of such request, the dispute shall be auto-closed in favour of
the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank,
following situations may arise:
1. Item
not received CB - Buyer hasn't received the item. Refund will be created in
accordance with the dispute policies
2. Unauthorized
CB - Buyer hasn't made this particular transaction. Refund will be created in
accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete
invoice is the sole and primary responsibility of the Seller. Furthermore,
Seller shall ensure that invoices state "Powered by TheHardwarebazar"
and failing to do so Seller will be liable for chargebacks (as applicable).
1. Item
not as described - meaning item is not what Buyer expected. Dispute will be
decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not
regulated by TheHardwarebazar. TheHardwarebazar encourages its Users to be
professional, courteous and respectful when communicating by email.
However, TheHardwarebazar will investigate and can take action
on certain types of unwanted emails that violate TheHardwarebazar policies.
Such instances:
Threats of Bodily Harm - TheHardwarebazar does not permit Users
to send explicit threats of bodily harm.
Misuse of TheHardwarebazar System - TheHardwarebazar allows
Users to facilitate transactions through the TheHardwarebazar system, but will
investigate any misuse of this service.
Spoof (Fake) email - TheHardwarebazar will never ask you to
provide sensitive information through email. In case you receive any spoof
(fake) email, you are requested to report the same to Us through 'Contact Us'
tab.
Spam (Unsolicited Commercial email) - TheHardwarebazar's spam
policy applies only to unsolicited commercial messages sent by TheHardwarebazar
Users. TheHardwarebazar Users are not allowed to send spam messages to other
Users.
Offers to Buy or Sell Outside of TheHardwarebazar - TheHardwarebazar
prohibits email offers to buy or sell listed products outside of the TheHardwarebazar
Platform. Offers of this nature are a potential fraud risk for both Buyers and
Sellers.
TheHardwarebazar policy prohibits user-to-user threats of
physical harm via any method including, phone, email and on Our public message
boards.
Violations of this policy may result in a range of actions,
including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
TheHardwarebazar does not take responsibility or liability for
the actions, products, content and services on the Platform, which are linked
to Affiliates and / or third party Platforms using Platform's APIs or
otherwise. In addition, the Platform may provide links to the third party
Platforms of Our affiliated companies and certain other businesses for which, TheHardwarebazar
assumes no responsibility for examining or evaluating the products and services
offered by them. TheHardwarebazar do not warrant the offerings of, any of these
businesses or individuals or the content of such third party Platform(s). TheHardwarebazar
does not endorse, in any way, any third party Platform(s) or content thereof.
TheHardwarebazar Infringement Verification (FIV) - Reporting
Listing Violations
TheHardwarebazar has put in place TheHardwarebazar Infringement
Verification process so that intellectual property owners could easily report
listings that infringe their rights. It is in TheHardwarebazar's interest to
ensure that infringing products are removed from the site, as they erode Buyer
and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing
issue, see TheHardwarebazar's FIV. Note: Only the intellectual property rights
owner can report potentially infringing products or listings through FIV. If
you are not the intellectual property rights owner, you can still help by
getting in touch with the rights owner and encouraging them to contact us.
·
If your listing was removed through FIV, and you believe that
your listing was removed in error, please contact us.
TheHardwarebazar does not and cannot verify that Sellers have
the right or ability to sell or distribute their listed products. However, TheHardwarebazar
is committed to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to TheHardwarebazar.
FIV works to ensure that item listings do not infringe upon the
copyright, trademark or other intellectual property rights of third parties.
FIV participants have the ability to identify and request removal of allegedly infringing
products and materials.
Any person or company who holds intellectual property rights
(such as a copyright, trademark or patent) which may be infringed upon by
products listed on TheHardwarebazar is encouraged to become a FIV member.
Program membership entitles you (Verified Rights Owner) to the
following benefits:
·
Rapid response by TheHardwarebazar in ending listings reported
by you (as the Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged
infringements
·
The ability to obtain identifying information about TheHardwarebazar's
users'
How to Become a FIV Member
To join the FIV, we require only that you fully complete and
email Us a Notice of Infringement form specifying the allegedly infringing
listings and the infringed work, complete with an original authorized
signature. The information requested by the Notice of Infringement is designed
to ensure that parties reporting products are authorized by the rights owners,
and to enable TheHardwarebazar to easily identify the material or listing to be
ended.
In the interest of keeping the process easy and simple, after we
receive your first Notice of Infringement in hard copy, future notices can be
sent to Us by email at ss@TheHardwarebazar.com.
Note: In your notice of infringement, you shall be required to
identify the individual listing which is infringing your intellectual property.
General notices shall not be accepted.
We are happy to receive such information, but must advise that
we may be limited in Our ability to respond to your request absent formal
notice from an authorized rights owner.
Notice of Infringement
TheHardwarebazar Internet Private Limited
_______________________
_______________________
I, [name] ____________________________ of [address]
_________________________ do solemnly and sincerely declare as follows:
1. I am
the owner of certain intellectual property rights, said owner being named
__________________ ("IP Owner").
2. I have
a good faith belief that the item listings or materials identified in the
annexure attached hereto are not authorised by the above IP Owner, its agent,
or the law and therefore infringe the IP Owner's rights. Please expeditiously
remove or disable access to the material or products claimed to be infringing.
3. I may
be contacted at:
Name ___________________________________________________________
Title & Company
________________________________________________________
Address _________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this declaration conscientiously believing it to be
true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use
the reasons below. When removing products from the site, TheHardwarebazar will
inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item
you report with only one reason code.
Trademark-infringement
1. Trademark
owner doesn't make this type of product or has discontinued the production of
the product
2. Item(s)
is an unlawful replica of a product made by the trademark owner or is
counterfeit
Trademark-listing description infringement
1. Listing(s)
has unlawful comparison to trademark owner's brand or product
2. Listing(s)
contains unlawful use of trademark owner's logo
Copyright-item infringement
1. Software
is being offered without any license or in violation of a license
2. Item(s)
is a bootleg recording;
3. Item(s)
is an unlawful copy (software, games, movies, etc.);
4. Item(s)
is unlawful duplication of printed material
5. Item(s)
is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s)
comprises unauthorized copy of copyrighted text
2. Listing(s)
comprises unauthorized copy of copyrighted image
3. Listing(s)
comprises unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s): ___________________________________________________________
Note:
1. Please
provide the ownership of Trademark (Trademark Registration Certificate should
be in the name of applicant)
2. Please
provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to infringement@TheHardwarebazar.com;
or ss@TheHardwarebazar.com.
Contacting the Seller
At
TheHardwarebazar we are committed towards ensuring that disputes between
sellers and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.
Alternatively, the buyers may also reach out to customer support at 1800 202
9898 or access help center at http://www.TheHardwarebazar.com/helpcentre