TERMS & Conditions

WELCOME TO HYZESST APPARELS

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 is an agreement between Hyzesst Apparel Private Limited (the “Company” or “Hyzesst Apparels”), a company incorporated under the Companies Act that is the owner and operator of www.hyzesst.com ( “Website”/ “Site”) which includes services provided by them (also referred to as “Service” or “Services” in this document) and You, a user of this Website, and/or Services.

For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to access and use Website and/or Services. The term “We”, “Us”, “Our” shall mean Hyzesst Apparels. The Agreement set forth the legally binding terms of your use of the Website and/or Services.

ACCEPTANCE

By using and/or visiting Website and Services as relevant you signify your assent to both these terms and conditions (“Terms of Use”/”Terms and Conditions”) and the terms and conditions of the Privacy Policy, which are published, and which are incorporated herein for reference. If you continue to do the same hereon you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy policy govern Website’s relationship with you in relation to the Services.

If you do not agree to any of these terms, then please do not use the Website and Services. By registering for or accessing or using the Website / Services, you (on behalf of yourself or the business you represent) agree to be bound by the following terms.

The content of these pages is for your general information and use only. We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or any part of the Website; or change/charge any fees or charges for use of the Website’ Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Website or via electronic mail. Your access of Website and/or use of the Services after such notice will be deemed acceptance of such changes.

Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the “Last Revised” date in the header of this Agreement.

Definitions                                                                                         

The term “misuse” shall mean and include all acts which are aimed at utilizing the database of website for any purposes other than for searching of genuine products. It shall also extend to the use of the database for commercial purposes without the express permission of the Company.

The term “offensive material” shall mean and include obscene material as defined in Section 67 of the Information Technology Act of India, 2000. It shall include content which is aimed at demeaning a particular class of individuals, corporate body, country etc. It shall also include content having the effect of violating the Intellectual Property Rights of others.

The terms “service” or “services” would mean and include the interactive online information service offered by website on the internet through which the user may access information carried by website in the database maintained by it. The terms would include the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to website acting as an agent/consultant either express or implied on behalf of any user/customer

The term “Spamming” shall mean and include any unsolicited bulk e-mails/messages or unsolicited commercial e-mails/messages.

The term “unauthorised user” is defined as any person who does not have a legal or a contractual right to access the services of website, but does so.

The terms ‘User’ and ‘customer’ would include both the authorised and browser/visitor(s)

ELIGIBILITY

Only persons ‘competent to contract’ as provided in the Indian Contract Act, 1872 are eligible to use this Website. However, parents or legal guardians may transact on behalf of minors i.e. persons below the age of 18 years. Company reserves the right to prevent any person from using the Website.

COMMUNICATION

By using the Website and its Services, it is deemed that You have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from us at any time with the use of the telephone number and/or e-mail address that has been provided by You for the use of this Website which are subject to the Privacy Policy. This includes contacting you through information received through other parties.

The use of the Website/ Services is also your consent to receive SMSes from us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification and marketing and promotional purposes. In case you wish the communications to cease, kindly intimate us of the same via an email at customercare@hyzesst.com

You may also be contacted by specific third parties with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with our Website or Services.

PRODUCT DISCLAIMER

All the products and services offered on Hyzesst Apparels, and related Content displayed are the responsibility of the respective vendors and suppliers who have partnered with the Website and to whom the images has been visibly attributed to. The Website is a platform for display and sale relating to products and services offered by these suppliers and vendors.

Hyzesst Apparels does not take responsibility of the availability of such products or services at all times. Hyzesst Apparels will not be responsible if a particular product or service is not available due to lack of stock or any other reason or has been discontinued by the respective vendor or supplier.

Hyzesst Apparels does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. The images of the products or Services are indicative. They may not match with actual products or result of services at the time of final receipt by the customer. Hyzesst Apparels’s display of images of products and offering of said products for sale is in no manner to be construed as an endorsement of the vendor or supplier from whom said product is being procured. Hyzesst Apparels does not warrant the fitness for purchase, merchantability or use of any products and Services displayed or offered for sale on the Website or via Services.

Hyzesst Apparels reserves the right, at any time, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access, without notice or explanation.

REPRESENTATIONS & USER OBLIGATIONS

You agree to use the Website and/or Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not use the Website for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorised access to other computer systems.
  4. Interfering with any other person’s use or enjoyment of the Website.
  5. Attempt or breach security or authentication measures without proper authorization. Breaching any applicable laws.
  6. Access data not intended for you or log into the server or account that you are not authorized to access .Interfering or disrupting networks or web sites connected to the Website.
  7. Attempt to interfere with, access by any other user including but not limited to by submitting a virus of any kind or Trojan horse to website, overloading, Flooding, mail bombing or crashing;
  8. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from website or link to website, without our express written consent.
  9. Providing deeplinks into website without prior permission of Hyzesst Apparels is prohibited. Extracting data from website using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
  10. Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

In order to access Website and/or Services, You will be required to provide information about yourself (such as identification or contact details or location information) as part of the registration process outlined above, or as part of your continued use of the Website and/or Services. You agree that any registration information you give to Hyzesst Apparels will always be accurate, correct and up to date.

You are solely responsible for your interaction with other users including but not limited to vendors and suppliers of the Website and/or Services, whether online or offline. You agree that Hyzesst Apparels is not responsible or liable for the conduct of any user. Hyzesst Apparels reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users including any Third Party Interactions (defined below in Third Party Clause)

You agree to use the Website and/or Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) any of the Website and/or Services by any means other than through the interface that is provided by Hyzesst Apparels, unless You have been specifically allowed to do so in a separate agreement with Hyzesst Apparels.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Website and/or Services).

Unless You have been specifically permitted to do so in a separate agreement with Hyzesst Apparels, You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website, or any elements therein for any purpose including but not limited to the image content of the products as well, conceptual elements, website pages etc.

You agree that you are solely responsible for (and that Hyzesst Apparels has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Hyzesst Apparels may suffer) of any such breach.

In places where this Website allows you to post or upload data/information, including but not limited to images, you undertake to ensure that such material is not offensive and in accordance with applicable laws.

You agree to the use of your data in accordance with Hyzesst Apparels Privacy Policy

Spamming is prohibited

Hyzesst Apparels reserves the right to filter and monitor and block the emails sent by you/user using the servers owned/maintained by Hyzesst Apparels to relay emails. All attempts shall be made by Hyzesst Apparels and the user to abide by International Best Practices in containing and eliminating Spam.

Violations of system or network security may result in civil or criminal liability.

THIRD PARTY RESOURCES

The Website may contain links to third party websites and microsites and/or content both written and visual in relation to products, services, companies, persons and establishments and that are not owned by us or in instances not controlled by us and may be user generated (“Third Party Material”).

You agree that any Third Party Material is not to be construed as an endorsement of use of material depicted in Third Party Material/ its fitness for use/ effects of said material depicted in the Third Party Material whether the Third Party Material is controlled specifically by us or whether it is user generated content in any manner.

You agree that you may come across promotional material and has been published by us as well as that which is published by users which may include Third Party Material. You further agree that display of promotional material on the Website is in no manner to be deemed an endorsement of the product, company, or services in question’s fitness for use, quality level, safety for use etc.

You acknowledge and agree that Hyzesst Apparels is not responsible for the availability of Third Party Material. You acknowledge and agree that Hyzesst Apparels is not liable for any loss or damage which may be incurred by you as a result of the availability of said Third Party Material, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, Third Party Material or websites/links to third party web sites whether the Third Party material is user-generated or otherwise

With respect to all Third Party Material, in no manner shall the display of Third Party Material on the Website be construed as a warranty and a disclaimer of warranty (herein below) shall apply to such material including links to third party websites or microsites. You agree that we have no control over and that We assume no responsibility for the content, privacy policies, or practices of any third party websites and microsites (yielding from access to Third Party Material on the Website whether by direct link to such website or otherwise) and for the purpose for determining how they collect and use your personal data. By using the Website and Services, you expressly relieve Us from any and all liability arising from your use of the Services and access of the Website and consumption of Third Party Material whether on the Website or on their respective third party websites. Accordingly, we encourage you to be aware when you move out of the Website and to read the terms and conditions and privacy policy of each other website that you visit.

PRICES AND PAYMENTS

All prices are in Indian Rupees. Prices, available products or other Services may change from time to time at our sole discretion.

Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, or some other prearranged payment method specified on the Site. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. Shipping, handling, and packaging maybe be additionally payable and will be notified from time to time. Please review our shipping policy.

Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.

While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

All content, products, and services on the Website, or obtained from a website to which the Website is linked, are provided to you “as is” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Hyzesst Apparels, its agents, affiliates and employees shall not be liable for any damages of any kind arising out of or in connection with the use of the Website or the purchase of products or availing of Services displayed on the Website. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

DAMAGES

Hyzesst Apparels makes no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Hyzesst Apparels assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

INTELLECTUAL PROPERTY RIGHTS

Hyzesst Apparels and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Hyzesst Apparels.

The mark “Hyzesst Apparels” and the contents of the Website are the sole property of Hyzesst Apparels. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Hyzesst Apparels.

All names, logos, and images on Hyzesst Apparels constitute trademarks and/or copyrights of Hyzesst Apparels or the respective content owners. None of the material may be reproduced without written permission of the owner. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective vendor / supplier and Hyzesst Apparels is expressly prohibited.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

INDEMNITY

Hyzesst Apparels is not involved in transactions between users and vendors/suppliers or other any other participant dealings and therefore, if a dispute arises between one or more participants, each of you release Hyzesst Apparels (and its agents, affiliates and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree to defend, indemnify and hold harmless Hyzesst Apparels, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Hyzesst Apparels or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms.

MODIFICATION

Hyzesst Apparels reserves the right from time to time to make modifications and changes to the Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any product displayed or service offered by, or through Hyzesst Apparels with or without notice. You agree that Hyzesst Apparels shall not be liable to you or to any other party for any changes and modifications to the Website.

TERMINATION

Hyzesst Apparels may terminate your access to the website, including your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the Intellectual Property clause of these terms. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Hyzesst Apparels and that Hyzesst Apparels shall not be liable to you or any other party for the termination of your access to the website.

GOVERNING LAW AND JURISDICTION

The Terms and the relationship between you and Hyzesst Apparels shall be governed by the laws of India. You and Hyzesst Apparels agree to submit to the exclusive jurisdiction of the courts of Secunderabad, India

ENTIRE AGREEMENT

The Terms constitute the entire agreement between you and Hyzesst Apparels and govern your use of the Website and any products or services offered on the Website. This agreement supersedes any prior terms of use agreements between you and Hyzesst Apparels. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms shall remain in full force and effect.

GRIEVANCE INFORMATION

For any complaints or malicious activities through our website please contact us at customercare@hyzesst.com

 

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