Last updated on August 19, 2021
THESE WEBSITE TERMS OF USE ("TERMS OF
USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED
UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE
AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS
STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE
DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT
BETWEEN USER AND Innovogue technologies (BOTH TERMS DEFINED BELOW). THESE TERMS
OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR
INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN
THE RELATIONSHIP BETWEEN USER AND Innovogue technologies FOR THE USE OF THE
WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED
IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY
(INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000
THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER
AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR
SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE,
PLEASE DO NOT USE THE WEBSITE.
These Terms of Use together with the Privacy Policy
available at https://www.hatchpro.in/privacy, the Terms of Sale available at
http://www.hatchpro.in/termsofsale, the other policies of the Website available
at www.hatchpro.in under "Policy Info" section or elsewhere on the
Website.
1. General
1.1 Innovogue technologies is a company incorporated under
the laws of India, with its registered office at 212/27/1671, St.No-1, Near
Makkar colony , Keshav Nagar,Ludhiana, Punjab-141016 India and having GST No.
03AAIFI4493D1ZJ . Innovogue technologies is an intermediary in the form of an
online marketplace and is limited to managing the Website to exhibit,
advertise, display, make available and offer to sell the products and to enable
buyer to purchase the products so offered ("Products"), and other
incidental Services thereto ("Services") including use of the Website
by any User.
1.2 These Terms of Use are subject to revision by Innovogue
technologies at any time and hence the Users are requested to carefully read
these Terms of Use from time to time before using the Website. The revised
Terms of Use shall be made available on the Website. You are requested to
regularly visit the Website to view the most current Terms of Use. In the event
such a facility is provided on the Website, You can determine when Innovogue
technologies last modified any part of the Agreement by referring to the
"Last Updated" legend provided in that document. It shall be Your
responsibility to check these Terms of Use periodically for changes. Innovogue
technologies may require You to provide Your direct or indirect consent to any
update in a specified manner before further use of the Website and the
Services. If no such separate consent is sought, Your continued use of the
Website and/or Services, following such changes, will constitute Your
acceptance of those changes.
1.3 If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy
Policy shall take precedence' but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these
Terms of Use, the Additional Service Terms shall take precedence in relation to
that Service;
(iii) between the Seller Agreement and any other part of these Terms of Use,
the Seller Agreement shall take precedence but only to the extent of the
conflict;
(iv) between these Terms of Use and any other notices, disclaimers or
guidelines appearing on the Website, these Terms of Use shall take precedence
but only to the extent of the conflict.
2. Services
2.1 The Website is an electronic platform in the form of an
electronic marketplace and an intermediary that (a) provides a platform for
such other Users to accept the offer to sell of the Products made by us on the
Website and to make payments for purchase of the Products, and (b) services to
facilitate the engagement of buyers to under commerce on the Website, and (c)
such other services as are incidental and ancillary thereto. The Services are offered
to the Users through various modes which may include issue of coupons and
vouchers that can be redeemed for various Products.
3. Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or
to any Users suspended or removed from the hatchpro.in by Innovogue
technologies for any reason whatsoever. If you are disqualified as per the
preceding sentence, you shall not be permitted to avail of the Services or use
the Website. You represent that you are of legal age to form a binding contract
and are not a person barred from receiving the Services under the laws as
applicable in India. Notwithstanding the foregoing, if You are below the age of
eighteen (18) years, please read through these Terms of Use with your parent or
legal guardian, and in such a case these Terms of Use shall be deemed to be a
contract between Innovogue technologies and Your legal guardian or parent and
to the extent permissible under applicable laws, enforceable against You.
3.2
Innovogue technologies reserves the right to refuse access to use the Services
offered at the Website to new Users or to terminate access granted to existing
Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account (defined hereunder) on the
Website. Additionally, you are prohibited from selling, trading, or otherwise
transferring Your Account to another person.
4. User Account,
Password, and Security
4.1 You may access and use the Website and the Services either as a registered
user or as a guest user. However, not all sections of the Website and Services
will be accessible to guest users.
4.2 Registered users: Innovogue technologies makes certain sections of the
Services available to You through the Website only if You have provided us
certain required User information and created an account and services ID
through certain log-in ID and password ("Account"). You can create
Your Account on the Website through logging in by Your third party website user
ID and password including that of www.facebook.com, websites owned by Yahoo
Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other
social media website or any other Internet service as permitted on the Website
(Innovogue technologies ID and/or other third party login identification as
provided above are individually and collectively referred to the "Account
Information").
In
the event You register as a User by creating an Account in order to avail of
the Services provided by the Website, You will be responsible for maintaining
the confidentiality and security of the Account Information, and are fully
responsible for all activities that occur under Your Account. You agree to (a)
immediately notify Innovogue technologies of any unauthorized use of Your
Account Information or any other breach of security, and (b) ensure that You
exit from Your Account at the end of each session. Innovogue technologies cannot
and will not be liable for any loss or damage arising from your failure to
comply with this section. You may be held liable for losses incurred by
Innovogue technologies or any other user of or visitor to the Website due to
authorized or unauthorized use of Your Account as a result of your failure in
keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by you in the Website's
registration form is complete, accurate and up-to-date. Use of another user's
Account Information for availing the Services is expressly prohibited.
If
You provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or
Innovogue technologies has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Innovogue technologies has
the right to suspend or terminate Your Account and refuse any and all current
or future use of the Website / Services (or any portion
thereof).
4.3 Guest users: The Website also allows limited access to the Services for
unregistered Users (also called as 'guest users'). Such users will be able to
browse the Website and use the Services for the purpose of purchasing goods,
and placing orders. However, You will not be provided with access to certain
benefits reserved only for the purpose of registered users. These benefits may
change from time to time.
4.4 Depending upon whether You are a buyer or another user who otherwise wish
to use the Website, and the nature of Services You wish to avail from the
Website, You may be required to provide certain personal information and
Innovogue technologies may collect certain personal information. Your provision
of, and Innovogue technologies Merchandise's collection, storage, use,
disclosure and otherwise dealing of such personal information shall be governed
by Innovogue technologies Merchandise's privacy policy, which is available at
http://www.hatchpro.in/privacy("Privacy Policy").
5. Payments related
Information
5.1 Presently, an Innovogue technology does not levy any fee for browsing the
Website or buying the Products on the Website. Innovogue technologies may
charge Users certain fees for the use of the Website and Services as a whole,
or certain features of the Website / Services. You agree to pay any such fees,
as may be applicable to the Services that you use. Innovogue technologies will
try to ensure that You are made aware of the applicability of any fees for a
particular use of the Website / Services, as well as the amount of fees payable
by You for any such use of the Website / Service. You agree that Innovogue
technologies may, at any time, charge, modify or waive fees required to use the
Website. Your continued use of the Website / Services after such change in the
fees will be considered to be Your acceptance of such changes, and the
applicability of these Terms of Use to such changes.
5.2 You agree to provide correct and accurate financial information, such as
credit/debit card details to the approved payment gateway or pre-paid payment
instrument account details for availing Services on the Website. You shall not
use the credit/debit card or pre-paid payment instrument which is not lawfully
owned by You, i.e. in any transaction, You must use Your own credit/debit card
or pre-paid instrument account. The information provided by You will not be
utilized or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order or in accordance with the
terms of the Privacy Policy. You will be solely responsible for the security
and confidentiality of your credit/debit card details or pre-paid instrument
account. An Innovogue technology expressly disclaims all liabilities that may
arise as a consequence of any unauthorized use of Your credit/ debit card or
pre-paid instrument account.
5.3 Innovogue technologies may have existing arrangements with its banks,
regarding limits on the amounts You can pay in the course of a single
transaction. Innovogue technologies will work towards ensuring that You are
made aware of such limits if they may be applicable to You. However, Innovogue
technologies shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any transaction, on account of You/cardholder having exceeded the preset limit
mutually agreed by Innovogue technologieswith its bank from time to time.
5.4 For Your making payments for buying the Products on the Website, in
addition to the Agreement(s), the terms and conditions of Your bank, applicable
financial institution and/or card issuing association may also be applicable to
You. Your bank, financial institution or card issuing association may decline
or prevent You from making electronic payments for buying the Products on
Website and Innovogue technologies does not control the same and shall be
liable for the same.
6. User Obligations and
Role of Innovogue technologies Merchandise
6.1 Subject to compliance with the Agreement(s), Innovogue technologies grants
You a non-exclusive, non-sub-licensable, non-transferable, revocable, and
limited right to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the Content (as defined herein)
provided therein only for purposes that are permitted by: (a) the Agreement(s)
(including these Terms of Use); and (b) any applicable law.
6.3 You agree to adhere to all limitations on dissemination, use and
reproduction of any materials (such as the Product catalogues) that Your access
on the Website in accordance with clause 7.
6.4 You agree not to access (or attempt to access) the Website or Services by
any means other than through the interfaces that are provided by Innovogue
technologies Merchandise. You shall not use any deep-link, robot, spider or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the Website, to obtain
or attempt to obtain any materials, documents or information through any means
not specifically made available through the Website.
6.5 If you believe that any Content or User Content (as defined herein) or
other content available on the Website does not comply with the terms of the
Agreement(s) or applicable law, You may report such content in the manner
prescribed under clause 14 herein.
6.6 The Website may allow you to post certain content, data or information of
Your own such as allowing You to rate Products, seller, post your comments, and
reviews in relation to Products on specific pages of the Website, as well as
submit any suggestions, comments, questions or other information to Innovogue
technologies using the Website / Services (collectively referred to "User
Content"). You, being the originator of the User Content, are responsible
for the User Content that You upload, post, publish, transmit or otherwise make
available on the Website. You represent that you have obtained all relevant
consents and approvals in order to post any User Content. You further represent
that all such User Content will be in accordance with applicable law. You
acknowledge that Innovogue technologies do not endorse any User Content on the
Website and is not responsible or liable for any User Content. Innovogue
technologies reserve the right to disable access to the User Content on the
Website.
6.7 You hereby grant Innovogue technologies a perpetual, non-revocable,
worldwide, royalty-free and sub-licensable right and license to use, copy,
distribute, display, publish, transmit, make available, reproduce, modify,
adapt the User Content and create derivate works of the User Content. You
represent and warrant that You own or otherwise control all of the rights to
the User Content that You post or that You otherwise provide on or through the
Website; and that, as at the date that the User Content is posted or submitted
on the Website: (i) the User Content is accurate; (ii) use of the User Content
You supply does not breach these Terms of Use; and (iii) that such User Content
is lawful.
6.9 When you use the Website and/or the Services You specifically undertake not
to host, display, upload, modify, publish, transmit, update or share any
information or Content that:
Belongs
to another person and to which the User does not have any right to;
is
grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libelous, invasive of another's privacy, hateful, or racially,
ethnicall objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent
Your affiliation with a person or entity;
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting of any other nation;
infringes any patent, trademark, copyright or other proprietary rights;
contain software viruses or any other computer code, files or programs designed
to interrupt destroy or limit the functionality of any computer resource;
deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
engage in any activity that interferes with or disrupts access to the Website
or the Services (or the servers and networks which are connected to the
Website);
attempt to gain unauthorized access to any portion or feature of the Website,
any other systems or networks connected to the Website, to any Innovogue
technologies server, or to any of the Services offered on or through the
Website, by hacking, password mining or any other illegitimate means;
probe, scan or test the vulnerability of the Website or any network connected
to the Website, nor breach the security or authentication measures on the
Website or any network connected to the Website. You may not reverse look-up,
trace or seek to trace any information on any other user, of or visitor to, the
Website, or any other customer of Innovogue technologies Merchandise, including
any hatchpro.in Account not owned by You, to its source, or exploit the Website
or Service or information made available or offered by or through the Website,
in any way whether or not the purpose is to reveal any information, including
but not limited to personal identification information, other than Your own
information, as provided for by the Website;
disrupt or interfere with the security of, or otherwise cause harm to, the
Website, systems resources, accounts, passwords, servers or networks connected
to or accessible through the Websites or any affiliated or linked sites;
use the Website or Content for any purpose that is unlawful or prohibited by
the Agreement, or to solicit the performance of any illegal activity or other
activity which infringes the rights of Innovogue technologies or other third
parties;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or
to any particular Service;
violate any applicable laws or regulations for the time being in force within
or outside India;
violate
the terms of the Agreement.
6.10 You agree that You are solely responsible to Innovogue technologiesand to
any third party for any breach of Your obligations under these Terms of Use or
other Agreements and for the consequences (including any loss or damage which
Innovogue technologies or its affiliates or its vendors may suffer) for any
such breach.
6.11 Innovogue technologies does not pre-screen User Content. Innovogue
technologies has no obligation to monitor any User Content. However,
hatchpro.in at its discretion and/or in accordance with applicable law may
monitor any User Content and may remove any User Content from the Website if
Innovogue technologies determines in its sole discretion that such User Content
is in violation of these Terms of Use or any applicable law. Where Innovogue
technologies remove any User Content from the Website, Innovogue technologies will
make reasonable efforts to inform the user who had posted such User Content.
Such actions do not in manner negate or dilute Innovogue technologies
Merchandise's position as an intermediary or impose any liability on Innovogue
technologies with respect to User Content.
6.12 You shall solely be responsible for maintaining the necessary computer /
mobile equipment, internet connections and other software and technologies that
may be required to access, use and transact on the Website. You may incur
access or data fees from third parties in connection with your purchase and/or
use of the services. You are responsible for all such fees.
6.13 You shall use this Website, and any voucher/coupons purchased through it,
for personal, non-commercial use only and shall not re-sell the same to any
other person.
6.14 You may need to install updates that we or any third party introduce from
time to time to use the services, Products, Website including downloads and
required functionality, such as bug fixes, patches, enhanced functions, missing
plug-ins and new versions (collectively, "Updates"). Your use of the
Products or Website you have installed requires that you have agreed to receive
such automatically requested Updates.
6.15 Any purchase of the Products from the Website will be strictly for personal
use of the User. The User hereby expressly agrees that any merchandize or
Services purchased by the User will not be sold, resold, bartered or in any way
used for any commercial purposes or for profit. The User hereby acknowledges
that the Products purchased are not transferrable to any third party for
profit. Accordingly, Innovogue technologies reserves the right to cancel any
orders that classify as 'Bulk Order' as determined by Innovogue technologies as
per certain criteria. Any rewards or benefits provided by Innovogue
technologies and used by You for placing the 'Bulk Order' will not be refunded.
An order can be classified as 'Bulk Order' if it meets certain criteria adopted
by Innovogue technologies for the purpose of identifying 'Bulk Order', including
but not limited to:
a.
Products ordered for commercial resale and not for self-consumption;
b.
Multiple orders placed for same product at the same address;
c.
Bulk quantity of the same product ordered;
d.
Invalid address given in order details; or
e.
Any malpractice used to place the order.
6.16 There may be certain orders that Innovogue technologies is unable to
process and must cancel. Some situations that may result in Innovogue
technologies Merchandise's inability to process include, without limitation,
non- availability of the Website service, force majeure, credit limitations or
suspected fraud.
6.17 In case buyer purchases multiple Products in one transaction, we may
deliver all such Products together. However, this may not always be possible.
If buyer purchases multiple Products in a single transaction, then all the
Products would be dispatched to a single delivery address provided by buyer at
the time of purchase. If buyer wishes to get delivery of the Products to
different addresses, then buyer should purchase the Products under separate
transactions and provide separate delivery addresses for each transaction, as
may be required. Buyer agrees that the delivery of the Products can be made to
the person who is present at the shipping address provided by You.
6.18 In certain cases, where buyer requires certain services in relation to a
Product, such as warranty, after-sales or installation services, buyer shall
directly contact seller or the manufacturer. However, in the event, buyer
contacts Innovogue technologies for the same, Innovogue technologies may inform
the seller to provide or facilitate the provision of such services to the
buyer. Innovogue technologies are not and shall not be obliged to provide any
such additional services. Innovogue technologies Merchandise's role in relation
to facilitating such services shall be limited to facilitating communication
between buyer and the seller for the purpose of provision of such additional
services.
6.19 You represent and warrant that (i) You are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a "terrorist supporting" country; and (ii) You are
not listed on any U.S. Government list of prohibited or restricted parties.
7. Use of Content
7.1 Except as expressly indicated to the contrary in any applicable Additional
Service Terms, Innovogue technologies here by grants You a non-exclusive,
revocable and non-transferable right to view, download and print product
catalogues available on the Website, subject to the following conditions:
You may access and use the product catalogues solely for personal,
informational, and internal purposes, in accordance with these Terms of Use;
You may not modify or alter product catalogues available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the
product catalogues available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained
in the product catalogues available on the Website.
7.2 The rights granted to You in the product catalogues or any other materials
as specified above are not applicable to the design, layout or look and feel of
the Website. Such elements of the Website are protected by intellectual
property rights and may not be copied or imitated in whole or in part.
7.3 Any software that is available on the Website is the property of Innovogue
technologies or its vendors. You may not use, download or install any software
available at the Website, unless otherwise expressly permitted by the Agreement
or by the express written permission of Innovogue technologies Merchandise.
8. Intellectual
Property Rights
8.1 The Website and the processes, and their selection and arrangement,
including but not limited to all text, graphics, user interfaces, visual
interfaces, sounds and music (if any), artwork and computer code (collectively,
the "Content") on the Website is owned and controlled by Innovogue
technologies or its licensors and the design, structure, selection,
coordination, expression, look and feel and arrangement of such Content is
protected by copyright, patent and trademark laws, and various other
intellectual property rights. Through Your use of the Website, by no means are
any rights impliedly or expressly granted to You in respect of such Content.
Innovogue technologies reserves the right to change or modify the Content from
time to time at its sole discretion.
8.2 The trademarks, logos and service marks displayed on the Website
("Marks") are the property of Innovogue technologiesor their vendors
or respective third parties. You are not permitted to use the Marks without the
prior consent of Innovogue technologies Merchandise, the vendor or the third
party that may own the Marks.
8.3 Unless otherwise indicated or anything contained to the contrary or any
proprietary material owned by a third party and so expressly mentioned,
Innovogue technologies owns all intellectual property rights to and into the
trademark "Innovogue technologies Merchandise", and the Website,
including, without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, designs, know-how, trade
secrets and inventions (patent pending), goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks.
8.4 Except as expressly provided herein, You acknowledge and agree that You
shall not copy, republish, post, display, translate, transmit, reproduce or
distribute any Content through any medium without obtaining the necessary
authorization from Innovogue technologiesor thirty party owner of such Content.
9. Third Party
Content
9.1 General third party information such as, product catalogues, product
description and specifications, lists of dealers, reports on news,
entertainment, technology and features, advertisements including videos, images
and photographs of the products, links to third party websites and other data
from external sources is made available on the Website ("Third Party
Content"). The provision of Third Party Content is for general
informational purposes only. You acknowledge that the Third Party Content
provided to You is obtained from sources believed to be reliable or provided by
the sellers in the process of advertising, exhibiting and offering to sell the
Products on the Website. All Third Party Content is provided on an 'As Is'
basis. Innovogue technologies may not own / have the rights and title to any
such Third Party Content, or provide any guarantee with respect to the
accuracy, title, merchantability, non-infringement or fitness for a particular
purpose of any Third Party Content. Innovogue technologiesshall not be held
liable for any loss suffered by You based on Your reliance on or use of such
Third Party Content.
9.2 In the event any Third Party Content contains links to third party
websites, and You visit any such external link, You agree to do so at your own
risk, responsibility and liability. Innovogue technologies makes no warranty or
representation regarding, and does not endorse, any website linked to the
Website / Services or the information appearing thereon or any of the products
or services described thereon.
10. Disclaimer Of Warranties
& Liability
10.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT
ARE PROVIDED BY Innovogue technologies ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Innovogue technologies MAKES
NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR
YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY
OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS
OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Innovogue
technologies OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Innovogue
technologiesWILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY
CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY,
OBSCENITY OR OTHER LAWS. INNOVOGUE TECHNOLOGIES ALSO DISCLAIMS ALL LIABILITY
WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER
CONTENT AND / OR THIRD PARTY CONTENT.
10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW INNOVOGUE TECHNOLOGIES WILL NOT BE LIABLE FOR ANY LOSS THAT
YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT
INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR
WITHOUT YOUR KNOWLEDGE. Innovogue technologies HAS ENDEAVORED TO ENSURE THAT
ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Innovogue technologies NEITHER
WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR
COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Innovogue
technologies SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE
WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES
AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. FURTHER, Innovogue technologies SHALL NOT BE HELD
RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE
OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR
DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Innovogue technologies CONTROL. THE USER UNDERSTANDS AND AGREES THAT
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS
DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Innovogue technologies IS
NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON.
Innovogue technologies ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH
RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD
PARTIES.
11. Indemnification and
Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless Innovogue technologies
Merchandise, its subsidiaries, affiliates, vendors, agents and their respective
directors, officers, employees, contractors and agents (herein after
individually and collectively referred to as "indemnified parties")
from and against any and all losses, liabilities, claims, suits, proceedings,
penalties, interests, damages, demands, costs and expenses (including legal and
other statutory fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by the indemnified parties
that arise out of, result from, or in connection with (i) Your breach of the
Agreement(s); or (ii) any claims made by any third party due to, or arising out
of, or in connection with, Your use of the Website; or (iii) any claim that any
Third Party Content / content, information or materials provided by You caused
damage to a third party; or (iv) Your violation of any rights of another,
including any intellectual property rights.
11.2 Innovogue technologies may notify You of any claims which You shall be
liable to indemnify Innovogue technologies against. You will then be required
to consult with Innovogue technologies regarding the course of action to be
undertaken in defending such a claim. Further, You shall not compromise or
settle any claim or admit any liability or wrongdoing on the part of Innovogue
technologies without the express prior written consent of Innovogue
technologies which can be withheld or denied or conditioned by Innovogue
technologies in its sole discretion.
11.3 Notwithstanding anything to contrary in the Agreement(s), Innovogue
technologies Merchandise's entire and aggregate liability to You under and in
relation to these Terms of Use or otherwise shall not exceed the greater of
Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You
to Innovogue technologies under the relevant order to which the cause of action
for the liability relates.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event
shall Innovogue technologies Merchandise, its subsidiaries or affiliates and
their respective officers, directors, employees, partners or suppliers be
liable to You for any special, incidental, indirect, consequential, exemplary
or punitive damages whatsoever, including those resulting from loss of use,
data or profits, whether or not foreseeable or whether or not Innovogue
technologies has been advised of the possibility of such damages, or based on
any theory of liability, including breach of contract or warranty, negligence
or other tortious action, or any other claim arising out of or in connection
with Your use of or access to the Website, Services or Content.
12. Terms
12.1 The Agreement will continue to apply until terminated by either You or
Innovogue technologies as set forth below. If You want to terminate Your
agreement with Innovogue technologies Merchandise, You may do so by (i) not
accessing the Website; or (ii) closing Your Account for all of the Services
that You use, where Innovogue technologies has made this option available to
You.
12.2 You agree that Innovogue technologies may, in its sole discretion and
without prior notice, terminate Your access to the Website and block Your
future access to the Website if Innovogue technologies determines that You have
violated the terms of these Terms of Use or any other Agreement(s). You also
agree that any violation by You of the Agreement(s) will cause irreparable harm
to Innovogue technologies Merchandise, for which monetary damages may be
inadequate, and You consent to Innovogue technologies obtaining any injunctive
or equitable relief that Innovogue technologies deems necessary or appropriate
in such circumstances. These remedies are in addition to any other remedies
Innovogue technologies may have at law or in equity.
12.3 In addition to Clause 12.2 above, Innovogue technologies may, at any time,
with or without notice, terminate these Terms of Use (or portion thereof, such
as any individual Additional Terms) with You if:
Innovogue technologies is required to do so by law (for example, where the
provision of the Services to You is, or becomes, unlawful), or upon request by
any law enforcement or other government agencies;
The provision of the Services to You by Innovogue technologies is, in Innovogue
technologies Merchandise's opinion, no longer commercially viable;
Innovogue technologies has elected to discontinue, with or without reason,
access to the Website, the Services (or any part thereof); or
In
the event Innovogue technologies faces any unexpected technical issues or
problems that prevent the Website and / or Services from working.
12.4 Innovogue technologies may also terminate or suspend all or a portion of
Your Account or access to the Services with or without reason. Except as may be
set forth in any Additional Terms applicable to a particular Service,
termination of Your Account may include: (i) removal of access to all offerings
within the Website or with respect to the Services; (ii) disabling access to
the Account Information, including Your personal information, log-in ID and
password, and all related information, files and materials associated with or
inside Your Account (or any part thereof), and any User Content uploaded by
You; and (iii) prohibiting further use of the Services.
12.5 You agree that all terminations shall be made in Innovogue technologies
Merchandise's sole discretion and that Innovogue technologies shall not be
liable to You or any third party for any termination of Your Account (and
accompanying deletion of Your Account Information), or Your access to the
Website and Services.
12.6 Notwithstanding the foregoing, these such terms of this Agreement as are
meant to survive termination / expiry of this Agreement, will survive
indefinitely unless and until Innovogue technologies chooses to terminate them.
Innovogue technologies may inform the sellers who have accepted Your purchase
orders on the Website, that this Agreement is terminated, and upon such
information sellers may cancel the purchase order. Innovogue technologiesmay
also cancel all Your non-fulfilled orders on the Website without any obligation
or liability towards You.
13. Governing Law and
Jurisdiction
13.1 These Terms of Use and all transactions entered into on or through the
Website and the relationship between You and Innovogue technologies shall be
governed in accordance with the laws of India without reference to conflict of
laws principles.
13.2 You agree that all claims, differences and disputes arising under or in
connection with or in relation hereto the Website, these Terms of Use, the
Agreement(s) or any transactions entered into on or through the Website or the
relationship between You and Innovogue technologies shall be subject to the exclusive
jurisdiction of the courts at Ludhiana,Punjab, India and You hereby accede to
and accept the jurisdiction of such courts. Each party hereby irrevocably
waives any objection which such party may now or hereafter have to the laying
of improper venue or forum non convenient. Each party agrees that a judgment in
any such action or proceeding may be enforced in other jurisdictions by suit on
the judgment or in any manner provided by law. Any and all service of process
and any other notice in any such suit, action or proceeding with respect to
this Agreement shall be effective against a party if given as provided herein.
14. Report Abuse And Take Down
Policy
14.1 In the event You come across any abuse or violation of these Terms of Use
or if You become aware of any objectionable content on the Website, or if You
believe your intellectual property rights have been violated in any manner
through the Website, please refer to the Innovogue technologies Report and Take
Down Policy available at www.hatchpro.in under "Policy Info" section.
15. Communications
15.1 When You use the Website or send emails or other data, information or
communication to Innovogue technologies Merchandise, You agree and understand
that You are communicating with Innovogue technologies through electronic
records and You consent to receive communications via electronic records from
Innovogue technologies periodically and as and when required. Innovogue
technologies will communicate with You by email or by notices on Website or
electronic records on the Website or on Your mobile number which will be deemed
adequate service of notice / electronic record to the maximum extent permitted
under any applicable law,
16. General Provisions
16.1 Notice: All notices with respect to these Terms of Use from Innovogue
technologies will be served to You by email or by general notification on the
Website. Any notice provided to Innovogue technologies pursuant to these Terms
of Use should be sent to Grievance Officer at info@hatchpro.in.
16.2 Assignment: You cannot assign or otherwise transfer the Agreements, or any
rights granted hereunder or any obligations, to any third party and any such
assignment or transfer or purported assignment or transfer shall be void ab
initio. Innovogue technologies Merchandise's rights and/or obligations under
the Agreement are freely assignable or otherwise transferable by Innovogue technologies
to any third parties without the requirement of seeking your prior consent.
Innovogue technologies may inform You of such assignment or transfer in
accordance with the notice requirements under the Agreement. Innovogue
technologies shall have right to transfer Your Account and Account Information
to a third party who purchases Innovogue technologies Merchandise's business as
conducted under the Website.
16.3 Severability: If, for any reason, a court of competent jurisdiction finds
any provision of the Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to give
effect to the intent of the parties as reflected by that provision, and the
remainder of the Agreement shall continue in full force and effect. Innovogue
technologies may amend in a reasonable manner such provision to make it
enforceable and such amendment will be given effect in accordance with the
amendment terms of these Terms of Use.
16.4 Waiver: Any failure or delay by a party to enforce or exercise any
provision of the Agreement, or any related right, shall not constitute a waiver
by such party of that provision or right. The exercise of one or more of a
party's rights hereunder shall not be a waiver of, or preclude the exercise of,
any rights or remedies available to such party under these Terms of Use or in
law or at equity. Any waiver by a party shall only be made in writing and
executed by a duly authorized officer of such party.
16.5 Principal to Principal Relationship: You and Innovogue technologies are
independent contractors, and nothing in these Terms of Use will be construed to
create a partnership, joint venture, association of persons, agency (disclosed
or undisclosed), franchise, sales representative, or employment relationship
between You and Innovogue technologies Merchandise. As an abundant caution, it
is clarified that Innovogue technologies shall not have any right to conclude
any contract for sale or purchase of Products for and / or on Your behalf and
both You and Innovogue technologieshave entered this agreement on principal to
principal basis.
16.6 Force Majeure: If performance of any service or obligation under these
Terms of Use or other Agreement by Innovogue technologies is, or other third
parties in fulfillment of any purchase or sale transaction (for eg: logistics
service provider, fulfillment center, payment gateways etc.) are, prevented,
restricted, delayed or interfered with by reason of labor disputes, strikes,
acts of God, floods, lightning, severe weather, shortages of materials,
rationing, utility or communication failures, earthquakes, war, revolution,
acts of terrorism, civil commotion, acts of public enemies, blockade, embargo
or any law, order, proclamation, regulation, ordinance, demand or requirement
having legal effect of any government or any judicial authority or
representative of any such government, or any other act whatsoever, whether
similar or dissimilar to those referred to in this clause, which are beyond the
reasonable control of Innovogue technologies or its third parties performing
such services as sub-contractor to Innovogue technologies and could not have
been prevented by reasonable precautions (each, a "Force Majeure
Event"), then Innovogue technologies shall be excused from such
performance to the extent of and during the period of such Force Majeure Event.
Innovogue technologies shall exercise all reasonable commercial efforts to
continue to perform its obligations hereunder.
17. Feedback and Information
17.1 Any feedback You provide to this Website shall be deemed to be
non-confidential. Innovogue technologies shall be free to use such information
on an unrestricted basis. Further, by submitting the feedback, You represent
and warrant that (i) Your feedback does not contain confidential or proprietary
information of You or of third parties; (ii) Innovogue technologies is not
under any obligation of confidentiality, express or implied, with respect to
the feedback; (iii) Innovogue technologies may have something similar to the
feedback already under consideration or in development; and (iv) You are not
entitled to any compensation or reimbursement of any kind from Innovogue
technologies for the feedback under any circumstances.
17.2
To clarify, Innovogue technologies may at its discretion, make any
modifications or changes to the Website, Content and / or Services on the basis
of such feedback; however Innovogue technologies shall not be obliged to do so.
Further, in the event that an Innovogue technology makes any changes or
modifications to the Website, Content and / or Services on the basis of any
such feedback, You shall not have any rights or title (including any
intellectual property rights) in such changes or modifications to the Website,
Content and / or Services. You expressly waive any and all rights in such
changes or modifications to the Website, Content and / or Services, and assign
to Innovogue technologies Merchandise, all worldwide rights and title
(including any intellectual property rights) to such changes or modifications
to the Website, Content and / or Services, in perpetuity. You hereby waive all
rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar
provisions in laws of any jurisdiction, in relation to any such changes or
modifications to the Website, Content and / or Services.