“User” as aforesaid includes user’s permitted assigns, successors, heirs and legal representatives, unless the context requires otherwise;
By using our service, user confirm that user is of the required legal age and competent to form a binding contract and is not a person barred from receiving services under the laws as applicable in India. User also agree to provide true, accurate, current, complete and updated information about themselves as prompted by our Product’s/Service’s registration form or any information provided by user through other means of communication. If user provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate user account and refuse any and all current or future use of our Product/Service (or any portion thereof). User undertakes to indemnify and keep indemnified hBits Online Platform Private Limited (hereinafter referred to as “hBits”) for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
User agrees, understands and confirms that the credit card/debit card/wallets details provided by user towards subscription fees for availing of any of our Product/Services will be correct and accurate and user shall not use the credit card/debit card which is not lawfully owned by user, i.e. in a transaction, user must use user’s own card/account. User further agrees and undertakes to provide the correct and valid credit card details when making payment on our Product/Services.
We otherwise do not store any information related to user’s Credit card/ Debit card or Net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction.
In this case, if any amount has been deducted from user’s account, the same will be credited back. The liability for use of a card fraudulently will be on user and the onus to 'prove otherwise' shall be exclusively on user.
Our payment partner’s (being the Payment Gateways and facilitators and Banks) and their fraud detection team constantly monitors user account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Product/Services and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
Also there is an internal session manager that ensures that even if User are not around user’s browser for more than 20 minutes it asks for a login once user are back to ensure that there is no unwanted external intervention in user’s transactions/use of the Web Site.
Our analytic tools may also capture anonymous information such as user demographic and geographic information, with a view to assist us in improving customer experience. We use this information to evaluate traffic patterns on our site, so that we can make it more useful to our Users. The information we learn from user helps us personalize and continually improve user experience on our platform. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein. Set out below are the types of information we gather:
hBits does not claim ownership of any materials user make available through the Site. At hBits' sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials user submit or make available for inclusion on the website, user grant hBits a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that user submit in connection with such submitted content). User hereby represent, warrant and covenant that any materials user provide do not include anything (including, but not limited to, text, images or video) to which user do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by user. We have no obligation to post user comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If user does not agree to these terms and conditions, please do not provide us with any submitted content. User agrees that user is fully responsible for the content user submit. User are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. User shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from user posting of content to this Site.
The content and information contained within the Covered Platform or Services or delivered to user in connection with user’s use of our Covered Platform is the property of hBits and any other third party (where applicable). The trademark, trade names and logos (the "Trade Marks") that are used and displayed on our website include registered and unregistered Trade Marks of us and other third parties. Nothing on our website should be construed as granting any license or right to use any Trade Marks displayed on our website. We retain all proprietary rights on our website. User is prohibited from using the same without written permission of hBits of such or such other parties. The materials on this website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of hBits.
User expressly understand and agree that hBits and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to user for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if hBits has been advised of the possibility of such damages), resulting from use of the site, content or any related services. If, despite the limitation above, hBits or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of hBits and/or its affiliates will in no event exceed, in the aggregate, the greater of the service fees user paid to hBits in connection with such transaction(s) on this Site. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of hBits, its affiliates, and/or their respective service providers.
The following terms shall apply only if there is no other written contract or agreement between the parties with respect to the following terms:
If user choose to visit this site, user visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the laws of India.
All customers who register on our site agree, acknowledge and accept as per the terms and conditions and that even if they are registered under NDNC (National Do Not Call) or DND (Do Not Disturb), by accepting the terms, hBits is authorised to call and assist user and/or SMS/E-Mail the customers by virtue of them having voluntarily registered in www.hbits.co. hBits, will not be responsible for any NDNC Registry regulation that will come into play.
hBits reserves the right to delete, modify, change or discontinue any or all of the information on this website without giving notice to any user, individual, group of individuals, institutions and any such governing bodies.
We do not represent or warrant that the Site will be available and meet user’s requirements, that access will not be interrupted, that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage or loss will occur to user’s computer system. User have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.
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