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Welcome to Homepunch Private Limited’s (“Homepunch”) official website which provides access to the https://homepunch.com website (the “website”) to you subject to the conditions set out on this page.
Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future Homepunch service, you will also be subject to the terms, guidelines and conditions applicable to that Homepunch Service (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms will prevail. These “Conditions 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.
I Conditions Relating to Your Use of Homepunch
1 Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your pass-word has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provide us with, in the “Your Account” area of the website. Homepunch reserves the right to refuse access to the website, termi-nate accounts, remove or edit content at any time without notice to you.
2 E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Homepunch is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Homepunch.
3 Access to Homepunch
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
4 Licence for website access
Homepunch grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Homepunch and / or its affiliates, as may be applicable.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Homepunch and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Homepunch and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Homepunch’s or its affiliates’ names or trademarks without the express written consent of Homepunch and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Homepunch and / or its affiliates, as applicable.
You may not use any Software to modify, alter, amend, download or reproduce the contents of the website or part thereof or any logo or information of the Sellers, without the express consent of Homepunch.
5 Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Homepunch, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety;
In a credit card transaction, you must use your own credit card. Homepunch will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
In all online transaction including net banking and other online payments through various gateways etc., you must make any transaction from your own Account. You will be responsible for the security of your login, password and other details and Homepunch will not be liable for any online fraud. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent
activity. In the event of detecting any suspicious activity, Homepunch reserves the right to cancel all past, pending and future orders without any liability.
You agree, understand, undertake and confirm that the credit/debit card details and other details needed for online transactions provided by You for making payments for Product(s) purchased through Homepunch, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account details which is not lawfully owned by you. The aforesaid information provided by You will not be shared by Homepunch with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. Homepunch will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
6 Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or other-wise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Homepunch reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Homepunch violates these Conditions of use and, or terminate your permission to access or use this website.
In the event a product is listed at an incorrect price or with incorrect informa-tion due to typographical error or error in pricing or product information received from our Vendors or suppliers, Homepunch shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Homepunch shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged or the amount has been paid via Online transactions through net banking or by any other means. If your credit/debit card or your Account has already been charged for the purchase and your order is cancelled, Homepunch shall issue a credit to your credit/debit card account or Account in the amount of the charge.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Homepunch and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Homepunch and its affiliates and sub licensees the right to use the name hat you submit in connection with such content, if they choose;
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Homepunch, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Homepunch :
(i) the content and material is accurate;
(ii) use of the content and material you supply does not breach any applicable Homepunch policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);
(iii) the content is lawful.
You agree to indemnify Homepunch and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
7 Claims against Objectionable Content
Because Homepunch lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Homepunch.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise
injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses,
(“ Objectionable Content “), please notify us immediately and Homepunch will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
8 Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Homepunch, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Homepunch and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Homepunch, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Homepunch and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Homepunch and / or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Homepunch and / or its affiliate’s (as may be applicable) express written consent.
9 Intellectual Property Claims
Homepunch and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
Homepunch’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Homepunch. Homepunch’s trademarks and trade dress may not be used in connection with any product or service that is not Homepunch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Homepunch. All other trademarks not owned by Homepunch that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Homepunch.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. 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 any and all responsibility and liability in that regard.
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 the website. 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. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Homepunch nor shall Homepunch have any obligations or liabilities in respect of any transactions on the website.
12 Indemnity and Release
You shall indemnify and hold harmless Homepunch, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Homepunch and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of the website is available only to persons who can form a legally binding con-tract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Homepunch only with the involvement of a parent or guardian.
14 Other Businesses
Parties other than Homepunch and its affiliates may operate stores, provide services, or sell product lines on Homepunch. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Homepunch does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can inform us when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit Homepunch or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
Homepunch reserves the right to send transactional emails and SMS’s related to any order placed by you and the you agree that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS’s from Homepunch or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
You agree to receive calls from Homepunch and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of Homepunch in this regard.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17 Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to our Agreements and Terms and Conditions in force at the time that you use the website and you order goods from us, unless any change to those Agreements and Terms and Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18 Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20 Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Uttar Pradesh.
21 Our Details
This website is operated by Homepunch Private Limited.
22 Homepunch Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Homepunch Services (the “Homepunch Software”).
II Notice and Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing in-formation or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are ex-pressly reserved. Furthermore, in submitting a Notice Form, you grant to Homepunch the right to use, reproduce, modify, adapt, publish, translate, create deriv-ative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Homepunch for all claims brought by a third party against Homepunch arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Homepunch and are posted solely at the direction of Third Party Sellers who may be contacted via their “Seller Information” page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Homepunch may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
If you believe that your rights are being violated by an item or information on the Homepunch.com site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:
(We will accept a signed PDF via e-mail with the subject line “Claim of Infringement” or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please read the conditions of use carefully before using the Homepunch website. By using the Homepunch website, you signify your agreement to be bound by these conditions.
Homepunch Software Terms
1 Use of the Homepunch Software
You may use Homepunch Software solely for purposes of enabling you to use and enjoy the Homepunch Services as provided by Homepunch, and as per-mitted by the Conditions of Use, these Homepunch Software Terms and any Terms.
You may not incorporate any portion of the Homepunch Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Homepunch Software or otherwise assign any rights to the
Homepunch Software in whole or in part. You may not use the Homepunch Software for any illegal purpose. We may cease providing any Homepunch Software and we may terminate your right to use any Homepunch Software at any time.
Your rights to use the Homepunch Software will automatically terminate without notice from us if you fail to comply with any of these Homepunch Software Terms, the Conditions of Use or any other Terms.
Additional third party terms contained within or distributed with certain Homepunch Software that are specifically identified in related documentation may apply to that Homepunch Software (or software incorporated with the Homepunch Software) and will govern the use of such software in the event of a conflict with these Conditions of Use.
All software used in any Homepunch Service is the property of Homepunch and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
2 Use of Third Party Services
3 No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Homepunch Software, whether in whole or in part, or create any deriv-ative works from or of the Homepunch Software
In order to keep the Homepunch Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers on the Homepunch website. These conditions signify your agree-ment to be bound by these conditions.
In addition, when you use any current or future Homepunch services you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”).
1 Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
2 Our Contract
Once you place an Order with Homepunch, you agree to be subject to and bound by the Terms and Conditions for the Buyer and the Seller and you shall execute the separate Buyer/Seller Agreement to be executed between you and Homepunch.
When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowl-edgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we receive the payment pursuant to which the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirma-tion E-mail”).
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirma-tion E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
3 Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dis-patch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.