Terms & Conditions
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GENERAL
Welcome to ...(“Website”) operated by HOM Auto Solutions LLP(“Company”), whose registered office is at NO.2A, J C Industrial Estate, Yelachenahalli. Kanakpura Road, Bangalore 560062
For the purpose of these terms of use (“Terms”), “We”, “Us”, “Company” and “Our” means HOM Auto Solutions LLP and “You”, “Your” and “User” means any person who accesses or uses the Website. “Products” includes the products sold on the Website https://houseofmachines.in
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CONTRACTUAL RELATIONSHIP
These Terms govern the access or use by You, an individual, from within India of applications, the Website, content, and Products made available by the Company.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.
Your access and use of the Website constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and Company. If you do not agree to these Terms, you may not access or use the Website.
The Company may restrict You from accessing or using the Website, or any part of them, immediately, without notice, in circumstances where the Company reasonably suspects that:
• You have, or are likely to, breach these Terms; and/or
• You do not, or are likely not to, qualify, under applicable law or the standards and policies of Company and its affiliates, to access and use the Website
Company may amend the any policies or supplemental terms related to the Website from time to time. The content of the pages of this Website and the Terms is for your general information and use only. It may be changed at any time without notice. Your continued access or use of the Website after such changes, constitutes your consent to be bound by the Terms, as amended.
MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms at the domain of www.kytindia.com/terms. It is Your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following the date that amendments to the Terms of Use take effect will signify Your assent to and acceptance of any revise Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Website
3. WARRANTY
The Company shall not assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. The Company shall not, under any circumstances, be liable for any damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these Products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms. All descriptions mentioned by the Company as to function are for reference only and are not a guarantee. Warranty claims will be entertained only if You have registered your product at the domain of www.kytindia.com/warranty. By purchasing, or using the product, You agree to all of these Terms.
License
Subject to Your compliance with these Terms, Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Website on your personal device solely in connection with your use of the Website; and (ii) access and use any content, information and related materials that may be made available the Website, in each case solely for your personal, non-commercial use unless the Company has agreed with you otherwise in a separate agreement. Any right not expressly granted herein are reserved by the Company.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) exploit the Website except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Products except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks.
Third Party Products and Content
From time-to-time Website may also include links to third-party websites that the Company does not control. These third-party links are provided for your convenience to provide further information. You acknowledge that different terms of use and privacy policies may apply to Your use of such third-party websites and content. The Company does not endorse such third-party websites and content and in no event shall the Company be responsible or liable for any products of such websites. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Website using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Website in any manner. Your access to the Website using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership
The Website and all rights therein are and shall remain Company’s property or the property of Company’s suppliers. Neither these Terms no your use of the Website convey or grant to You any rights: (i) in or related to the Website except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product names, trademarks or those of the Company’s suppliers.
4. YOUR USE OF THE WEBSITE
User Accounts In order to use most aspects of the Website, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Website certain personal information, such as your name, address, mobile phone number and at least one valid payment method (either a credit card or accepted payment partner) (“User Information”). You agree to maintain accurate, complete, and up-to date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
User Requirements and Conduct
The Website is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Website, and You may only access or use the Website for lawful purposes. You will not, in Your use of the Website, cause nuisance, annoyance, inconvenience, or property damage, whether to the Company or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Website, and you agree that you may be denied access to or use of the Website if You refuse to provide proof of identity or other method of identity verification.
No Discrimination
The Company prohibits discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under applicable law.
Communication
By creating an Account, You agree that the Company may send You text (SMS) messages, emails and/or calls as part of the normal business operation of Your use of the Website. You may opt-out of receiving text (SMS) messages, emails and/or calls from the Company at any time by informing the Company of Your decision to stop receiving such text (SMS) messages, emails and/or calls. You acknowledge that opting out of receiving text (SMS) messages, emails and/or calls may impact Your use of the Website.
Feedback, Reputation and Reviews
You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Company or the Website, You acknowledge that You transfer all rights in such Feedback to Us and that We will be free to use the same as We may find appropriate.
5. INTELLECTUAL PROPERTY
The intellectual property in the Website, and in the material, content and information made available on the Website including graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the Website and the underlying software code belong to the Company, or Our suppliers. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material. The information provided on the Website is for Your personal use only.
6. DISCLAIMERS; INDEMNITY AND LIMITATION OF LIABILITY
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER
EXCEPT AS REQUIRED OF THE COMPANY UNDER THE CONSUMER GUARANTEES, THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY PRODUCTS ORDERED, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY
IF YOU ARE BUYING THE PRODUCTS AS A CONSUMER, COMPANY’S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF THE PRODUCT SUPPLIED TO YOU THROUGH THIS WEBSITE UNDER THIS AGREEMENT.
COMPANY'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES FIVE THOUSAND (INR 5,000).
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, COMPANY WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAY OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. SUCH ACTS SHALL INCLUDE BUT NO BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS, ACCIDENTS, ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 7 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
INDEMNITY
You agree to indemnify and hold the Company and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) Your use of the Website or Products obtained through your use of the Website;
(ii) Your breach or violation of any of these Terms;
(iii) Company’s use of the Feedback; or
(iv) Your violation of the rights of any third party ("Losses"). Your liability under this clause shall be reduced proportionately if, and to the extent that, Company directly caused or contributed to any such Losses
7. DISPUTES
Severability and Waiver
If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
Relationship between Company and its Users
Use of the Website does not create any association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and Company.
Applicable Law and Dispute Resolution
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the Website shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore.
8. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Ajit Bharadwaj You may write to him at the following email address: info@ .com