Hoplett : Terms of Use

About

Welcome to Hoplett. Your use of the Hoplett and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to Hoplett including the applicable policies which are incorporated herein by way of reference.

Please read these Terms carefully. By using Hoplett or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Hoplett (“Agreement”).

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform. The term “Hoplett”,”We”,”Us”, shall mean Hoplett (hereinafter referred to as “Platform”). These “Terms of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

When You use any of the services provided by Us through the Platform, 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 this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By accepting these Terms of Use, You also accept and agree to be bound by Hoplett Policies including but not limited to Privacy Policy as amended from time to time.

Your account

ACCESS:

If You use the Platform, you shall be responsible for safeguarding your password and any other credentials used to access your account and you shall be responsible for all activities that occur under your Account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform. If you become aware of any unauthorized access to your account, you should notify Hoplett immediately. Accounts may not be shared and may only be used by one individual per account.

 

TERM: 

When you sign up for an account and agree to these Terms, the Agreement between you and Hoplett is formed, and the term of the Agreement will begin. The Agreement will continue for as long as you have a Hoplett account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

 

CLOSING YOUR ACCOUNT:

Hoplett may suspend or terminate your use of the Platform or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Hoplett by sharing multiple address and phone numbers or transacting with malafide intentions then Hoplett reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Hoplett chooses to terminate them.

 

CHANGES:

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, or any features of the Service at any time, and we may discontinue the Service, or any features of the Service at any time.

Services Offered

Hoplett provides a number of Internet-based services through the Platform. One such Service enables Users to reserve products listed on the Platform at the price indicated therein at any time from any location within the city. You further agree and acknowledge that Hoplett is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly contract between you and the sellers on Hoplett.

Hoplett does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

User Conduct and Rules on the Platform

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

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You do not have any right to
  • is grossly harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, 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
  • is misleading in any way

  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”

  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

  • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity

  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses

  • contains video, photographs, or images of another person (with a minor or an adult).

  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

  • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services

  • infringes on any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products

  • violates any law for the time being in force

  • threatens the unity, integrity, defence, security or sovereignty of India, friendly

  • relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers

  1. You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Hoplett by sharing multiple address and phone numbers or transacting with malafide intentions.

  2. You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Hoplett.

  3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

  4. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

  5. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity

  6. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

  7. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us

  8. A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met: 
  • Misuse of another User’s phone/email
  • Users uses invalid address, email and phone no.
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Hoplett.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Hoplett has no control over such third party user generated content as Hoplett is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Hoplett shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM. Please be advised that such Content posted does not necessarily reflect Hoplett views. In no event shall Hoplett assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You :

  1. do not remove any proprietary notice language in all copies of such documents,
  2. use such information only for your personal, non-commercial informational purposes a
  3. do not copy or post such information on any networked computer or broadcast it in any media,
  4. make no modifications to any such information, and
  5. do not make any additional representations or warranties relating to such documents.

Warranties and Liability

All the materials and products and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.  

Hoplett does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

In no event shall Hoplett be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  •  the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  •  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 Platform or Service. 

Hoplett does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Vendors. You are advised to independently verify the bonafides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Hoplett takes no responsibility for such offers. The Vendor shall be solely responsible for any warrantee/guarantee of the products sold to the Buyers and in no event shall be the responsibility of Hoplett.

Indemnity

You shall indemnify and hold harmless Hoplett, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark and Copyright

Platform is controlled and operated by Hoplett and products are sold by respective Vendors. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Hoplett is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. 

Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

Governing Law

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Hoplett reserves the right to delete such multiple listings of the same product listed by you in various categories.

Disclaimer

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Hoplett. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Hoplett nor shall Hoplett have any obligations or liabilities in respect of any transactions on Platform.