TERMS & CONDITIONS
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
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.
The domain name www.thehappyhandsstore.com (hereinafter referred to as “Website”) is owned by Happiness Hobbies & Learning LLP a company incorporated under the laws of India with its registered office at VJ103, Purva Venezia, Yelahanka New Town, Bangalore – 560 064, Karnataka, India (hereinafter referred to as “HHLP” or “We”).
For the purpose of these Terms, wherever the context so requires “You”, “User” shall mean the end user accessing the Website with or without registering on it, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us”, “our” and “HHLP” shall mean Happiness Hobbies & Learning LLP and its affiliates.
When You use any of the services provided by HHLP through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. HHLP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
a)www.thehappyhandsstore.com(“Website”) is an Internet based content and e-commerce portal owned and opeated by Happiness Hobbies & Learning LLP, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. HHLP,at its sole discretion reserves the right not to accept a User from registering on the Website or to make a purchase on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You may receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HHLP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HHLP cannot and will not be liable for any loss or damage arising from your failure to comply with this.
3. Services Offered:
www.thehappyhandsstore.comprovides or in the future will provide a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original craft supplies such as knitting yarn, needles, zippers, buttons (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the website), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website may be conditionally permitted provided the prior written permission of HHLP is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial or any other purpose and unwarranted modification of data and information within the content of the Website is strictly not permitted and may invite penal action.
6. User Conduct and Rules:
You agree and undertake to use the Website only to inspect and/or use the Service offered. In the event you are allowed to access a part of the Website to upload material in text, image, video, audio or any other form on the Website by way of a blog or forum as are understood in common parlance, you agree and undertake that, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) 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; you own or control the rights thereto or have received all necessary consents;
(d) 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;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) 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;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) 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.
You further guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorised to use the content and that You grant a non-exclusive license for the use of the same and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You release and indemnify HHLP and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
7. Exactness Not Guaranteed:
HHLP hereby disclaims any guarantees of exactness as to the finish, colour and appearance of the final Product as ordered by the user with respect to its representation on the Website. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability. In this instance you agree that HHLP will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested Product change by replying to it within 05 days of it being sent to you. HHLP may re-request that you accept a Product change one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
8. Pricing and Payments:
All prices are in Indian Rupees for products are described on our Website and are incorporated into these Terms by reference. Prices, Products and Services may change at HHLP’s sole discretion. You hereby undertake to exercise your choice of payment method from the options available on the Website and to arrange for sufficient funds and credit limits in Your relevant bank / credit card account(s). You also agree that all transactions made or attempted on the Website are at Your sole risk and HHLP shall not be held liable for any fraudulent use of Your credit card(s) or bank account information or for any incorrect billing or debits and related charges by your bank / credit card company. Further, HHLP is neither concerned nor required to monitor in any manner the use of the payment modes or verification of the ownership of the bank account or credit card number being used by You for transactions made on the Website.
Title and risk of loss for all products ordered by you shall pass on to you upon HHLP’s shipment to the shipping carrier.
10. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, HHLP owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to HHLP without obtaining written authorization from HHLP.
11. Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HHLPor the Website and HHLP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HHLP is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. thehappyhandsstore.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HHLP or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
12. Disclaimer Of Warranties/Limitation Of Liability:
HHLP has endeavoured to ensure that all the information on the Website is correct, but HHLP neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall HHLP be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) 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 HHLP 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, HHLP 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 HHLP’s control. 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.
You agree to indemnify, defend and hold harmless HHLP and the Website from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HHLP that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
a) HHLP 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.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until HHLP chooses to terminate them.
c) If you or HHLP terminates your use of the Website or any Service, HHLP reserves the right to delete any content or other materials relating to your use of the Service and HHLP will have no liability to you or any third party for doing so.
d) 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.
15. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
16. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report firstname.lastname@example.org