Terms and Condition

http://www.hiva.in website is owned by HIVA Lifestyles Private Limited and is referred to as “we”, “US”, “our”, “HIVA” OR “HIVA’s” and the end users are referred to as “you”, “your”, “user”, OR “users”.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY HIVA Lifestyles Private Limited ("HIVA"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.hiva.in(THE "SITE") AND ALL SERVICES PROVIDED BY HIVA ON THE SITE

This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.

User Account Information

You must keep your account information up-to-date and accurate at all times, including a valid email address. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person.You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (1) immediately notify Website of any unauthorized use of Your Account Information or any other breach of security, and (2) ensure that you sign out / exit from your account at the end of each session. www.hiva.in 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 Website 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.

HIVA’s services are not available to temporarily or indefinitely suspended HIVA’s members. We reserve the right, in HIVA’s sole discretion, to cancel, unconfirmed or inactive accounts. HIVA reserves the right to refuse service to anyone, for any reason, at any time.

Privacy Policy

The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of www.HIVA.inYou further consent that the terms and contents of such Privacy Policy are acceptable to You.

Purchase

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. HIVA do not store or keep any of its customer’s credit/debit card details. For purchase purpose only, credit/Debit card process will be done by our third party payment gateway.The information provided by you will not be utilized or shared with any external party unless required in relation to fraud verifications or by law, regulation, and court order. HIVA expressly disclaims all liabilities that may arise as a consequence of any unauthorized use (fraud, theft or any such situation) of your credit/ debit card.

By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. HIVA is not responsible for the side effects one might endure by the use of the products sold at HIVA. HIVA takes all steps to ensure the listing is as accurate as actual product however, some shades differences will be there.

Promotions

  • All Offers and coupons are applicable / redeemable only on hiva.in
  • Offers and coupons are subject to terms and conditions at the time of launch
  • Any points / money that user earns into his/her account is only allowed to be redeem on hiva.in website
  • Points / money that user has in its account is liable to expire according to terms and condition Or as direct by HIVA.in
  • No points / money can be redeem in cash or transfer to user bank or financial institutions.

User Obligation

  • Subject to compliance with the terms and condition, HIVA grants you a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
  • You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you access on the Website in accordance with section Use of Material
  • You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. HIVA disclaims all liabilities arising in relation to such offensive content on the Website.
  • You should not
    • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
    • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
    • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    • conduct or forward surveys, contests, pyramid schemes or chain letters;
    • download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    • 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 in or outside India;
    • violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • 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 HIVA 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 HIVA, including any HIVA 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;
    • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
    • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
    • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms and condition, or to solicit the performance of any illegal activity or other activity which infringes the rights of HIVA or other third parties;
  • You agree that You are solely responsible to HIVA and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which HIVA or its affiliates or its vendors may suffer) for any such breach.
  • you agree that HIVA may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Use of material / Copyright

Except as expressly indicated to the contrary in any applicable Additional Terms (In written), HIVA hereby grants you a non-exclusive, freely revocable (upon notice from HIVA), non-transferable access to view, download or any other materials available on the Website, subject to the following conditions:

  • You may access and use the materials solely for personal, informational, and non-commercial use only.
  • You may not modify or alter product catalogues or any other materials available on the Website;
  • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Hiva or otherwise used by Hiva as permitted by law. Failing to comply may compel us to take legal actions.

Disclaimer of warranties & liability

IN NO EVENT SHALL HIVA, AND (AS APPLICABLE) HIVA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR HIVA'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HIVA'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. HIVA'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HIVA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HIVA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) INR1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

HIVA has endeavored to ensure that all the information is correct, but Website neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.In no event shall Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • The use or the inability to use the Services or Products;
  • Unauthorized access to or alteration of the user's transmissions or data;
  • Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.

Neither shall Website be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services 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, Website 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 Website’s control.

The contents of Hiva website do not constitute advice and should not be relied upon in making or refraining from making, any decision.The user understands and agrees that any material and/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 and/or data.

No Guarantee

HIVA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HIVA's control.

Shipping

Title and risk of loss for all products ordered by you shall pass on to you upon Website’s shipment to the shipping carrier.

Termination

The Terms and conditionof Use will continue to apply until terminated by Website as set forth below. Website may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

If Website terminates your use of the Website or any Service, Website may delete any content or other materials relating to your use of the Service and Website will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Website shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Website shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse

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, please report to online@hiva.in

Communication

You hereby expressly agree to receive communications by way of SMS, e-mails from HIVArelating to Services provided through the Website

A User can unsubscribe/ opt-out from receiving communications from HIVA through SMS and e-mail anytime by sending request on online@hiva.in

Feedback and Information

Any feedback you provide to this Website shall be deemed to be non-confidential. Website 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) Website is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Website 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 Website for the feedback under any circumstances.

Changes in Terms and Condition

We may change terms and condition at any time by posting the revised terms and condition in the “Terms and Condition” section of the website. The revised terms and condition is effective immediately when posted on the website. It is the accountability of each user to review the website and the terms and condition periodically to know about any changes to this terms and condition. Your continued use of the website will be considered as your acknowledgment and acceptance of the terms and condition.