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”.
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.
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.
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.
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:
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.
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:
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.
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.
Title and risk of loss for all products ordered by you shall pass on to you upon Website’s shipment to the shipping carrier.
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.
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 firstname.lastname@example.org
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.
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.