You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, as may be amended from time to time in the manner as set forth herein below ("Terms"). By using the Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes.
These Terms are published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and
- The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
USE OF THE SERVICE
- We shall provide the Services vide our employees, agents, contractors and/or representatives (“Service Professionals”), based on the requirements of the Customer, at the location(s) and for the term mentioned in the Order Form executed by the Customer. Our qualified representatives shall ensure that the Services would be provided in a professional workmanlike manner, in accordance with industry standards.
- Discount coupons and promotional offers: The Company may at its discretion run promotional offers or offer discount coupons (collectively referred to as “Coupons”) in respect of certain Services subject to such terms and conditions as may be prescribed. All Coupons shall be subject to the terms and conditions governing the same, as displayed on the Platform. The Customer hereby agrees and acknowledges that the Company shall have the sole discretion to offer Coupons, modify the terms and conditions governing Coupons and discontinue the offer of Coupons with no prior intimation to the Customer, at its sole discretion. The Customer shall have no right, claim or authority to dispute the continuance or discontinuance of Coupons by the Company.
It is not mandatory to register to visit, access and use the Platform. However, access to the Services is only available to registered users (registration is not mandatory for website). You need to register and create a user account (“Account”) to avail the Services on the Platform by providing, Your name, email address, password and other details. By registering and creating Your Account on the Platform, You agree to:
- provide accurate, current and complete information as may be prompted ("Registration Data") and maintain and undertake to update the same in respect of any changes;
- maintain the security of Your password;
- accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
- notify HomeRun immediately of any breach of security or any unauthorized use of Your Account;
- not authorize, assign or otherwise transfer Your Account to any other person or entity;
- operate through the account created and in no event use another user’s account for any purpose or objective; and
- be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us in Our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. HomeRun may at its sole discretion restore access to Your Account, at any time, pursuant to any suspension.
- In consideration for the Services, You agree and acknowledge that You shall pay to the Company, a service fee for every purchase transaction (“Service Fee”) completed vide the Platform in the manner as set forth in the Order Form. The Company shall be entitled to amend the fees and charges leviable for Services, anytime at its sole discretion.
- In the event that You have paid for the Services and have cancelled the purchase transaction, prior to provision of the Services by the Company, in the manner and in accordance with the procedure set forth in the Order Form, the Company shall be entitled to deduct [●] as a convenience fee for processing the refund of the Service Fee and shall refund the remaining amount. You agree and acknowledge that deduction of such convenience fee shall be in addition to any fees that maybe deducted/levied by the Payment Processors (as defined hereinbelow) for processing such refund.
- The Service Fee shall be inclusive of all applicable taxes and any taxes in respect of the Service Fee as may be payable under applicable law shall be the responsibility of the Customer and not the Company.
- The Customer represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the Customer commits a breach in respect thereof, the Company reserves its right to either suspend the Services with immediate effect or terminate Your access to the Platform.
- Refund Policy: Once the Services have been provided to the Customer in accordance with the Order Form, the Customer shall not be entitled to a refund of the Service Fee under any circumstances whatsoever.
- The Customer agrees and acknowledges that the Company uses third-party payment processors (“Payment Processors”) for any payments made on the Platform. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The Customer further agrees and acknowledges that neither the Company nor any of its directors, shareholders or other representatives shall be liable to the Customer under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.
ACCESS AND USE
The Company grants you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:
- You may only access the Platform or Services using authorized and lawful means;
- HomeRun shall not be liable for any failure or default to provide access to the Platform or Services on account of any failure or delay by You to register with the Platform for such access or due to any other reasons whatsoever;
- Any configuration or set up of the Devices for access to the Platform and the Services shall be your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- The Company reserves the right to prevent access should You be using the Platform, Service or application with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or the Platform;
- You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;
- You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform;
- You will not attempt to gain unauthorised access to any accounts, Service Professionals’ information, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;
- You will not copy, distribute, or make derivative works of the Platform in any medium and You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Platform or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall not recruit, solicit, or contact in any form Service Professionals for employment or contracting for a business not affiliated with the Company;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to HomeRun’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, HomeRun may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
- As a participant in the Platform, You agree to use careful, prudent, and good judgment when leaving feedback for other users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, the Company, in its sole discretion, may take any of the following actions: (i) delete Your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
- Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at email@example.com;
- Resolving disputes in connection with feedback: In the event any dispute arises between users of the Platform concerning the feedback, the Company shall be the final arbiter of such dispute and shall take any action it deems reasonable including the actions set out in Section xvii(a), without incurring any liability therefrom.
- The Company does not and cannot review every posting made on the Platform. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by You or any other user and the Company shall not be responsible for any ensuing liability.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks displayed on the Platform ("Marks") are the exclusive property of the Company. You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to a Customer, other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Platform or the Services shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using the Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Misuse of Your access to and use of the Platform and/or the Service; (ii) any loss or injury to the Company’s representatives resulting from the performance of the Services attributable to Your act or omission; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon the content of any communications transmitted by You.
DISCLAIMER OF WARRANTIES
- The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
- The Platform is provided strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the Customer’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
- HomeRun reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that HomeRun shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform or the Services.
- HomeRun shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or governmental agencies.
- The Customer acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the Customer’s content or third party content.
- The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
LIMITATION OF LIABILITY
In no event shall HomeRun or anyone else involved in administering, distributing or providing the Platform be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. HomeRun or anyone else involved in administering, distributing or providing the Platform further explicitly disclaims any and all liability for any the following:
- errors, mistakes or inaccuracies of the content displayed on the Platform;
- personal injury or property damage of any nature whatsoever, resulting from Our Services;
- the acts or omissions of Our representatives performing Services on Our behalf;
- any failure or delay in the Services, including a delay of HomeRun’s representatives in performing the Services;
- user content or the defamatory, offensive, or illegal conduct of any third party;
- viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
HomeRun shall not be liable to You or any third party for any alleged or actual damages or losses resulting directly or indirectly from Your failure to remove from plain sight and/or secure all valuables at the location before HomeRun’s representatives arrive to perform the Service or Your failure to adhere to Your obligations under the Terms.
In no event shall HomeRun or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the Service Fees paid by You to HomeRun for the preceding purchase transaction.
- These Terms will continue to apply until terminated by either You or Us as set forth below.
- Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with Us by (i) not accessing the Website; and/or (ii) deleting Your Accounts (if any).
- Termination by Us: HomeRun may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
- HomeRun is required to do so in accordance with law; or
- HomeRun has elected to discontinue, with or without reason, access to the Platform (or any part thereof) either in general or specifically to You.
HomeRun shall not be liable to You or any third party for any such termination.
- Consequences of Termination:
- Once Your Account has been terminated, any and all content will be irretrievably deleted by Us, except to the extent that we are obliged to maintain or permitted to retain in accordance with law;
- All reward points, offers and discounts accrued to Your Account shall automatically terminate;
- The licences granted to You in terms of these Terms shall stand terminated effective immediately;
- The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary;
- Termination shall not affect Your liability or obligations arising prior to such termination and any and all amounts payable by You pursuant to access or use of the Platform shall become immediately due and payable.
- To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform;
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law;
- HomeRun nor You shall be liable for any delay or failure in performance under the Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, and unavailability of necessary utilities, acts of God, war, acts of regulatory agencies, or other natural disasters.
DISPUTE RESOLUTION AND GOVERNING LAW
- If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email Us details of the same at firstname.lastname@example.org. Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavour to amicably resolve the dispute.
These Terms shall be governed and construed under the laws of India and the courts of [Chennai] shall have exclusive jurisdiction.