All rights and titles to this website (Hereinafter referred to as “Website”) vest in Heritage India Communications Pvt. Ltd. (Hereinafter referred to as “Company”) throughout the site, the terms “we”, “us” and “our” “Company” refer to Heritage India Communications Pvt. Ltd. The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You hereby agree and acknowledge that continued usage of Website and services after any amendments and changes, including but not limited to the addition of new features and tools and additions to the store; shall constitute consent and acceptance of the Agreement in its revised format. You agree and acknowledge that it is your sole responsibility to peruse and familiarize yourself with the Terms on a regular basis.
(Hereinafter you and the Company are collectively referred to as “Parties” and singularly as “Party”)
1. Relationship Between Parties
The Parties are independent contractors. None of the Parties have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind the other Parties.
2. Use of Website
A. Use of the Website is available only to persons/legal entities who can form legally binding contracts under the Indian Contract Act, 1872 and for the purposes of seeking the services and products provided by Website. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 include minors, un-discharged insolvents etc. are not eligible to use the Website. No minors, i.e. persons under the age of 18 years, shall register on the Website and shall not transact on or use the Website. Minors may be represented by their legal guardians, in which situation, said legal guardians shall be permitted to register themselves.
B. The Company reserves the right to refuse to provide you with access to the Website if it comes to the Company’s notice or discovery that you are under the age of 18 years or are in any way, under any law in force, disqualified from entering into an Agreement with the Company.
C. By agreeing to these Terms, you represent and confirm that you are of age of majority and not disqualified by any law in force and/or you have given us your consent to allow any of your minor dependents to use this site.
D. The services and products may not be used for any illegal or unauthorized use, and you may not, while using such products or services violate any laws or rules, including but not limited to copyright and other intellectual property laws.
3. Usage Terms
A. We reserve the right to refuse service to anyone for any reason at any time.
B. For the creation of an account for registration or subscription with the Website, you must complete the mandatory registration/subscription form and process by providing the Company with the relevant details as specified in the registration form.
C. Use of such Account is subject to acceptance by Company to provide such service, at the sole discretion of Heritage India Communications Pvt. Ltd.
D. You are solely responsible for maintaining the accuracy of the information provided and for updating said information when necessary. The Company is not liable in any way as a result of any mistakes, errors or suppression of facts which may leave you open to damage or liability. Any failure on your part to provide true and correct information will be material ground of termination of this Agreement.
E. You are responsible for the confidentiality of all activities on the Website, The Company takes no responsibility for breach of your privacy due to actions on your part. You will indemnify and keep indemnified the Website and the Company from any legal action or liability that may arise due to breach of privacy due to actions on your part. You agree to compensate the Company for all damages, mental and otherwise suffered by the Company, in the event that the Company has to pay a third Party as a result of any claims, actions or demands made against us as a consequence of your breach.
F. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without expressing written permission by us.
G. You agree and acknowledge that Heritage India Communications Pvt. Ltd. is the sole and exclusive owner of all rights, title, and interest to the all trademarks registered to the name of Heritage India Communications Pvt. Ltd. (“Heritage Trademarks”), which is all events remain the exclusive property of Heritage India Communications Pvt. Ltd. All use of the trademarks shall be made solely by and inure solely to the benefit of Heritage India Communications Pvt. Ltd. Nothing in this Agreement shall be construed to give you any right of ownership or right to use or license others to use the Heritage Trademarks.
H. You agree and acknowledge that all right, title and interest (including copyright and patent rights) to intellectual property and all content in the products and services shall at all times be the exclusive property of Heritage India Communications Pvt Ltd.
4. Restrictions on Usage of Website
You agree that the Website shall not be used to:
a. upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of the personal privacy of another, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way or seek to induce minors into any unlawful action;
c. impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide, or host,
d. falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
f. upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (” Proprietary Rights”) of any party;
h. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
i. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
j. use, or cause to be used, the Website and interface, to facilitate the transmission of unsolicited or unauthorized material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
k. use robots or otherwise harvest others’ email addresses from the Company or Website for purposes of sending unsolicited or unauthorized material.
l. upload, post, email, or transmit the same message, URL, or post multiple times.
m. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other peoples’ ability to use the Website;
n. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to us, including using any device, software, or routine to bypass our robot exclusion headers;
o. intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law;
p. stalk or otherwise harass another; and/or in any way invade the personal privacy of another;
q. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs a through p above.
5. Collection of Information
A. You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devicesCredit card information is always encrypted during transfer over networks. You understand and accept that beyond reasonable requirements we are not responsible for any breach in privacy.
B. You also acknowledge and accept that the Website will use personal information collected, for the purposes of
- a. Providing access and use of the services and products to you.
- b. Provision of customer support, billing and other related activities to the usage of the Website and provision of services and products.
- c. Keeping you informed about products, services, offers and upcoming events and to improve the services provided by the Website.
- d. Providing you with direct marketing offers from third party websites and affiliates.
6. Accuracy, Completeness, and Timeliness of Information
A. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
B. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only, it is subject to change as time passes or change in circumstances or context. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
C. You agree at your sole risk and liability, to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content or information made available on this site.
D. You understand that the Website and all and any software embodied within the website and the interface may include security components that permit digital materials to be protected. Use of these materials is subject to the usage rules set down herein by the Website and/or content providers who provide content. You may not attempt to override or circumvent any of these rules of usage and any user restrictions, embedded into the Website, any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited and open to prosecution.
E. The Company reserves the right to send you any communication vide newsletters and links to the website, and make available self-care informational services that provide general and specific services information. These communications are not comprehensive and are solely meant for educational and informational purposes. You accept and acknowledge that these communications cannot be relied on and are no substitute for primary, more accurate and complete sources of information. We make no warranty with respect to the Content of such communications.
7. Modifications to Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8. Products or Services (if applicable)
A. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
B. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. The colors in the photograph may differ slightly from the original product.
C. All services and products contained on or provided on this Website are provided “As is”, “Availability Basis” without any warranty, either implied or expressed, of any kind, to the fullest extent permissible under applicable law. The Company and its affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement or any other intellectual property rights or otherwise.
D. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
9. Accuracy of Billing and Account Information
A. We reserve the sole right to refuse any orders placed with us. We may, at our sole discretion limit of cancel quantities purchased per person, per household or company or per order. The restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that used the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you on the provided email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
B. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and all other information provided to us, or as may be required by us, including your email address and credit card numbers and expiration dates to enable us to complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
A. Payments can be made against the products and the services on Website in various currencies. Please check to see whether the currency that you wish to pay in, is accepted by us.
B. Use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations or fraud as regards the services and products listed on our Website. The Company is in no way or form responsible or liable for the action or failure to act on part of the payment facility provider.
C. You have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically in respect of all transactions through payment facility. Your relationship with the Company is on a principal to principal basis and by accepting these Terms, you agree that the Company is solely a service provider for all purposes, and does not have control of or liability for the services that are listed on the Website that is paid for by using the payment facility.
D. Payment Facility:
- a. You, as a client, understands that upon initiating a Transaction (where the Client, meaning you, pays the agreed price to avail services) you are entering into a legally binding and enforceable contract with the Company to avail the services using the payment facility, and you shall pay the transaction price through relevant issuing bank to the Company using the payment facility.
- b. You acknowledge that Company will not be liable or accountable for any damages, interests or claims, due to any inability to complete or any delay in processing a transaction which is beyond the control of the Company.
11. Optional Tools
A. We may provide you with access to third-party tools or products and services, which we cannot monitor or have any control or input over.
B. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
C. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We will not in any way be liable or accountable for your use of these optional tools.
D. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12. Third-Party Links
A. Certain content, products, and services available via our service and Website may include materials from third-parties.
B. Third-party links on this Website may direct you to third-party websites that may or may not be affiliated with us. We are not responsible or liable for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or website, or for any other materials, products or services of third parties.
C. We are not liable for any mistakes, misstatements, opinions, representation or any other form of content associated with these third party websites. The opinions on these affiliate Websites and third party providers are solely the opinions and views as held by these affiliates and third party Providers and the Company is not party to the same. You acknowledge that use of, subscription to or purchase of any such third party services and products is entirely at your sole risk and responsibility and we are not liable for any loss or liability that may incur as a result of such dealings.
D. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and we are not the party to the same.
13. User comments, feedback, and other submissions
A. If, at our request, you send certain specific submissions (for example contest entries) OR without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’/contributions’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. All such contributions automatically become the property of the Company perpetually without any obligation on part of the Company to you.
B. We may at our own discretion choose to, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
C. You agree that your comments will not violate any right of any third-party or third-parties, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We retain the right to use all remedies at our disposal against you in the event of a breach of this clause on your part, including but not limited to refusing you access to the website and filing suit in the relevant court of law.
15. Errors, inaccuracies, and omissions
A. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
B. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
C. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
D. In no case shall Heritage India Communications Pvt. Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Heritage India Communications Pvt. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. All provisions of this Agreement shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision of this Agreement, it shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein. If any provision of this Agreement shall be susceptible to two interpretations, one of which would render the provision invalid and the other of which would cause the provision to be valid, such provision shall be deemed to have the meaning which would cause it to be valid. If any provision of this Agreement shall be prohibited by or adjudicated by a court to be unlawful, void or unenforceable such provision shall to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other provisions or the validity or enforcement of this Agreement. The Parties shall agree to replace such severed provision by such provision which shall reflect the fundamental intention of the Parties to enter into this Agreement.
A. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
B. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, such action being a material breach, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
C. The right to terminate shall be without prejudice to any or all of the rights and remedies under law available to the Website and the Company, including the right to seek, as an alternative to termination, specific performance of obligations under this Agreement or terminate the Agreement and seek losses for your breach during the period prior to the termination. The termination of this Agreement shall not relieve you of any obligation or liability accrued prior to the date of the termination.
19. Dispute Resolution and Feedback
A. We seek to resolve all concerns quickly and effectively. We can be contacted at [email protected] for the resolution of any disputes. All complaints must be written and must contain the following information: the nature of the dispute, the resolution you expect and what action may be taken, in your opinion for the resolution.
B. The Parties will then meet in good faith to resolve the matter (“Initial Meeting”), in the event the Parties are unable to resolve the matter amicably, the Parties may refer the matter to a mediator (“Mediation”). All jurisdiction for such mediation lies with the Courts in Pune.
C. We reserve the right, without prejudice, to avail of any other legal remedies available to us under all applicable law.
We may provide notices to you, vide email to the email id provided by you during the registration/subscription process, or by a general notice on the Website. Any notices to the Company may be served via email at [email protected]
21. Entire Agreement
A. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
B. These Terms and any policies or operating rules posted by us on this site with respect to the services or products constitutes the entire agreement and understanding between you and us and governs your use of the services, products and Website, superseding any prior agreements or understandings, communications and proposals, whether oral or written,(including but not limited to, any prior versions of the Terms of Service) between you and us.
C. Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
The Parties shall as applicable, keep all information and other materials passing between them and any other Parties in relation to the transactions contemplated by this Agreement, and also in relation to the Website and its affiliates, confidential and shall not divulge any information to any other Person or use the information other than for carrying out the purposes of this Agreement except:
- a. To the extent, such information is in the public domain other than by breach of this Agreement.
- b. To the extent, such information is required or requested to be disclosed by any applicable Law or any applicable regulatory requirements or by any regulatory body to whose jurisdiction the relevant Party is subject or with whose instructions it is customary to comply with notice to the other parties or to comply with reporting requirements.
- c. In as far it is it to be disclosed to the employees, affiliates or advisors of the Website for the functioning and provision of the Services
- d. To the extent that such information is later acquired by such Party from a source not obligated to any other Party, or its Affiliates to keep such Information confidential;
- e. To the extent that such information was already known or in the lawful possession of a Party prior to disclosure by any other Party;
- f. To the extent that any information, materially similar to the Information, shall have been independently developed by a Party without reference to any Information furnished by any other Party.
The Company reserves the right to assign some or all of the rights under this Agreement to any parent, subsidiary or any affiliated company or as Party of the sale to, merger with or any other transfer to another entity. Any change of ownership will be notified with general notice published on the Website. You, by continued usage of the website after such change of ownership, indicates your consent to such change. You accept and acknowledge that you cannot transfer, assign or sublicense any of your obligations or rights under this Agreement to any third Party.
24. Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India and the Courts of Pune shall have jurisdiction over any matter that arises from this Agreement.
25. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26. Contact Information
Questions about the Terms of Service should be sent to us at [email protected]
YOU HEREBY AGREE AND ACCEPT THAT BY USING ANY PART OF THE SITE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS HEREIN CONTAINED IN THIS AGREEMENT.