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Terms of use

This document is an electronic record under the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.hillarys.co.in website.

User Agreement

Your use of www.hillarys.co.in and all the web pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website.

In this User Agreement, you are contracting with Hillarys Blinds Limited, a company incorporated under the Companies Act, with its registered office at HILLARYS WINDOW COVERINGS INDIA PRIVATE LIMITED, 661-662, 6 Flr,Buld No.6, Solitaire Corporate Park, Chakala Midc, Mumbai, Mumbai- 400093, Maharashtra India, hereinafter referred to as "the Company" which expression unless the context otherwise requires shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both cases, accepted this electronic version / electronic record of the User Agreement.

Amendments to User Agreement

The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers

1. The Company and its suppliers, affiliates and service providers provide the Website and services on an "as is" basis and without any warranty or condition, express, implied or statutory.

2. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website.

3. The Website is only a venue where users may meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between two users of the Website.

4. The Company does not guarantee, warrant or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner.

Electronic Communication

When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records (Email, SMS, WhatsApp, App Push) from the Website, Company and all other Registered Users and Visitors as and when posted, communicated or required.

Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website registration form.

Fees and Services

Appointment application and browsing on the Website is free. The Company may charge fees for certain services related to order fulfillment, which will be clearly displayed on the order checkout page.

Taxes

You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Use of Website

You understand and agree that the Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
   - Belongs to another person and to which You do not have any right.
   - Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
   - Harms minors in any way.
   - Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy.
   - Violates any law for the time being in force.
   - Impersonates another person.
   - Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

2. You shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of our service providers or other suppliers.

3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services.

General

1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any manner whatsoever nor shall the Company have any authority to bind you in any manner whatsoever.

2. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

3. This Agreement sets forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof.

4. In the Company's sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless the Company and Company's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

Privacy

The Company collects, stores, processes and uses Your information in accordance with Company Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Company in accordance with the Privacy Policy.
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