The domain names www.99homemade.com (hereinafter referred to as "Website") are owned by Home and Hand Made Internet Private Limited a private Limited firm with its registered office at D-33, Sushant Shopping Arcade, Gurgaon, Haryana India - 122009 (hereinafter referred to as " Home and Hand Made Internet Private Limited " or “"99homemade").
1. USER ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as any of the User and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. 99homemade reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years.
We retain the right at our sole discretion to deny access to anyone to the Website, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
4. PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Home and Hand Made Internet Private Limited is not and cannot be a party to or control in any manner any transaction between the Website's Users.
(a) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers/Service Providers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. 99homemade does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
(b) 99homemade does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. 99homemade does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. 99homemade accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) 99homemade is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. 99homemade cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. 99homemade shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
(d) 99homemade does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
(e) 99homemade does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
(f) At no time shall 99homemade hold any right, title or interest over the products nor shall 99homemade have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
(g) The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. 99homemade is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
(h) At no time shall 99homemade hold any right, title or interest over the products nor shall 99homemade have any obligations or liabilities in respect of such contract.
(i) 99homemade is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
(j) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
(k) Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
(l) You release and indemnify 99homemade 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. Notwithstanding its reasonable efforts in that behalf, 99homemade cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
(m) Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for buyers. 99homemade does not charge any fee for browsing and buying on the Website. 99homemade reserves the right to change its Fee Policy from time to time. In particular, 99homemade may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event 99homemade reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Home and Hand Made Internet Private Limited.
6. CERTAIN RESTRICTIONS ON USE
You may not: • post, transmit, redistribute, upload, or promote any communications, content or materials that are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
• encourage conduct that would constitute a criminal offense;
• otherwise violate any law; • post, transmit, redistribute, upload, or promote any communications, content or materials that use a false email address, impersonate another person or entity, including our company and our employees or agents, or otherwise use misleading information as to the origin of content you submit;
• post, transmit, redistribute, upload, or promote any communications, content or materials that contain chain letters, pyramid schemes, mass mailings or any form of “spam”;
• distribute, retransmit, republish, reuse, repost, or use the contents of the Websites for public or commercial purposes, without our prior written permission;
• alter, modify, frame, or “mirror” any content contained on the Websites;
• link to the Websites; • use any data mining, robots, or similar data-gathering and extraction tools in connection with the Websites;
• remove or alter any copyright or other proprietary notices contained on the Content;
<?>?? input or upload onto the Websites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any of our intellectual property rights or those of any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
• restrict, impair, interfere or inhibit any other user from
using or enjoying the Websites and/or our related products and services.
• We retain all rights not expressly granted in these Terms.
8. DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, 99homemade does not warrant that:
• This Website will be constantly available, or available at all; or • The information on this Website is complete, true, accurate or non-misleading.
99homemade will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. 99homemade does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction/s, or • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
• Any payment issues arising out of the transaction, or • Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
a. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render 99homemade liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Website.
c. You understand, accept and agree that the payment facility provided by 99homemade is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the 99homemade Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, 99homemade is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate 99homemade Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services. • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees. • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with resource available to 99homemade.com in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
d. 99homemade reserves the right to impose limits on the number of Transactions or Transaction Price which 99homemade may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
e. 99homemade reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with 99homemade or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
f. 99homemade may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of 99homemade. As a result of such check if 99homemade is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
g. 99homemade may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if 99homemade deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, 99homemade may hold Transaction Price and 99homemade may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
h. The Buyer and Seller acknowledge that 99homemade will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of 99homemade.
Compliance with Laws:
i. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and 99homemade Website.
Buyer's arrangement with Issuing Bank:
j. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
k. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
11. APPLICABLE LAW
12. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. 99homemade make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and 99homemade is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
13. PRODUCT DESCRIPTION
99homemade we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
14. LIMITATION OF LIABILITY
You agree to indemnify and hold Us, Our subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
We may modify or enhance these Terms at any time at our discretion. If we make any changes to these Terms, we will notify you by placing an appropriate message on the Site. If you have any objections to such modifications, You may notify us by writing to us at email@example.com. You must also immediately cease usage of the Site till such time we take up and address your concerns.
17. CONTACT US
Please contact us at firstname.lastname@example.org for any questions or comments (including all inquiries including copyright infringement) regarding this Website.