Privacy policy Contact Us

Terms and condition

1. BACKGROUND

1.1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requirepublishing the rules and regulations, privacy policy and Terms of Use for access or usage of Surite Website and APP.
1.3. The Website is owned, registered and operated by Heritage Insurance Brokers Pvt Ltd (“Company”), a company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at [3 Netaji Subhas road Kolkata 700001].
1.4. These terms of usage (“Terms of Use”) govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services,
You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
1.5. For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “Customer” or “User” shall mean any natural or legal person who uses the Website for availing the Products and Services. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
1.6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to
such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
1.7. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms & Conditions, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
1.8. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged
insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Surite website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. HIBL reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Website’s or Company’s notice or if it is discovered that you are under the age of 18 years.
1.9. Any Customer who uses or accesses the Website represents to be competent to contract or purchase the Products; represents and warrants that they have the authority to bind themselves to the Terms of Use.

2. SERVICES

2.1 Our Website offers “Product(s)” and Service (s) to Customers (as defined below) subject to Your compliance with and acceptance of these Terms of Use.
2.2 For the purposes of these Terms of Use, “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, Order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter. “Authority” shall mean any national, state, provincial, local or similar government,
governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and
standards, requirements, procedures or Orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India. “Customer” shall mean any natural or legal person who uses the Website to
purchase the Products that are being sold on the Website.

3. YOUR ACCOUNT AND PLATFORM USAGE

3.1 This Website acts as a seller for products listed on the website. A Customer may purchase Products on the Website without mandatorily registering on the Website, by providing the relevant details as necessitated. However, in order to gain access to our exclusive Product listings, the Customers must register themselves on the Website (“Registered Customer(s)”). Such Registered Customer’s details may be verified by the Website by a detailed process which may even include a detailed telephonic conversation between the Website and the Registered Customer. Every Registered Customer shall allocate themselves a unique identification user name and password (“User ID” and “Password”).
3.2 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 password 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 provided us with in the “Your Account” area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.
3.3 You (whether or not a Registered Customer) agree, inter alia, to provide true,  accurate, current and complete information about yourself as prompted by the Website registration form. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block/ refuse to provide You with access to the Website.
3.4 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.
3.5 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 thatyou, and not the website, 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:
3.5.1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
3.5.2. 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”.
3.5.3. to cause annoyance, inconvenience or needless anxiety.

 

4. REPRESENTATION AND WARRANTIES

4.1 Representations, warranties and Obligations of the Website: We hereby represent and warrant that (a) We are a duly registered private company as under the relevant provisions of the Companies Act 2013; (b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use; (c) We will comply with the Privacy Policy and ensure data security of the Users at all times.
4.2 Representations, warranties and obligations of the Customer- The Customer hereby represents and warrants that (a) You are a natural or legal person, competent to contract, and have read, understood and agreed to be bound by these Terms of Use;
(b) They shall provide accurate information and details at the time of registration; (c) They shall not default in making payments for Products bought through the Website; (d) They agree and acknowledge the fact that there shall be minor differences between
the Product image and the Product in physical form; (e) They shall not demand for refund/ replacement of the Product for such minor variations; and (f) They agree and acknowledge that once the order has been placed on the Website for a Product, they
shall not be allowed to cancel or modify the order.

 

5. INTELLECTUAL PROPERTY RIGHTS

5.1.All materials located on or in this Website, including( but not limited by) images, illustrations, text, logos, page headers, audio clips, and video clips, is our exclusive property and are expressly protected by copyrights, trademarks and other intellectual property rights.
5.2.COPYING, STORING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, RE-PUBLISHING, DEEP LINKING, OR  THERWISE MODIFYING WEBSITE MATERIALS IN WHOLE OR IN PART, OTHER THAN FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, WITHOUT EXPLICIT WRITTEN PERMISSION OF HIBL, IS STRICTLY PROHIBITED.
5.3.The HIBL logo/ image, and other HIBL graphics, logos, page headers, button icons, scripts, and service names, used on the home page as well as on the other pages of this website, and as used in the communication to the User or to any other third party, are trademarks, registered trademarks or trade dress of HIBL in India and worldwide.
5.4.You acknowledge and agree that HIBL owns all legal right, title and interest in and to the Services, including any intellectual  roperty rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by HIBL and that you shall not disclose such information without our prior written consent.
5.5.Unless you have agreed otherwise in writing with HIBL, nothing in the Terms gives you a right to use any of HIBL trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
5.6.All other Trademarks, not owned by HIBL but appearing on this website, are the property of their respective owners. These trademarks and trade dress cannot not be used, communicated or distributed in connection with any product or service that does not belong to HIBL, in any manner whatsoever, without the specific and written permission of HIBL.
5.7.Any breach of the terms, as mentioned above, may result in a copyright, trademark or other intellectual property right violation that may subject the doer to civil and / or criminal penalties.
5.8.You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
5.9.Unless you have been expressly authorised to do so in writing by this website, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

 

6. LICENCE FOR WEBSITE ACCESS

6.1 We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
6.1.1. Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
6.1.2. Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet ‘search engines,” hit counters or similar technology);
6.1.3. Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
6.1.4. engage in any activity that interferes with the website or another user’s ability to use the website;
6.1.5. Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
6.1.6. Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
6.2 Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein without any intimation or any further notice.

7. LINKS

7.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or
any changes or updates to a Linked Site.
7.2 We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked
Sites or any association with its operators or owners including the legal heirs or assigns thereof.
7.3 On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel,
slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

8. PAYMENT TERMS

8.1 No payment gateway or payment mechanism is applicable for this website.

9. SHIPPING AND DELIVERY TERMS

Not applicable for this website.

10. Order Tracking:

Not applicable for this website.

11. RETURN AND CANCELLATION

Not applicable for this website.

12. SECURITY AND PRIVACY

12.1 Security- HIBL makes every possible effort to ensure full security, privacy and integrity of your sensitive personal information and to safeguard it from all kinds of unauthorized access, alteration, obliteration or disclosure. To make this possible, HIBL takes the help of internal data collection reviews, storage as well as data processing practices and measures such as data encryption and physical security measures for preventing any person from unauthorized access of information at Website data room.12.2 HIBL doesn’t hold itself responsible for any kind of security breach or illicit actions of third party who obtain your personal information. HIBL is linked to a number of other websites and is/shall not be responsible for their practices and privacy policies,
which are not in our control.
12.3 Privacy- The Privacy Policy explains in detail about how website collects the personal and non-personal customer information, classifies the same as voluntary or mandatory, uses, discloses and protects it on the website. While using some services at website, you will be required to provide some personal information to us. For instance, when creating a user ID, you need to provide address or phone number, or while making a payment, you need to furnish the financial details.
12.4 All the personal information provided by you is used only:
12.4.1. For facilitating your website access.
12.4.2. For responding to your queries or fulfilling your requests regarding the information on our products and services.
12.4.3. For providing you the information about the products and services available and send news and offer updates from HIBL website.
12.4.4. For sending any important information related to our website, such as any changes made to the Website terms and conditions or policies or any other kind of information.
12.4.5. For sending any marketing communications and market surveys that might be of your interest according to HIBL website
12.4.6. For personalizing your online shopping experience at HIBL website by providing offers tailored to your interests.
12.4.7. To help you in getting all the problems with the website addressed, including the most technical ones.
12.4.8. For completing the purchase from the website by processing the payment,communicating with you concerning the purchase and providing the best after sale services.
12.4.9. For administering the website in a proper and professional manner.
12.4.10. For conducting internal reviews as well as data analysis for our website.
12.4.11. For improving the content, advertising and the overall service provided on the online portal.
12.4.12. For protecting the integrity of HIBL website
12.4.13. For responding to any kind of judicial process and furnishing the required information to the law enforcement officials or for helping out in any investigations related to matters of public safety.
12.5. Information Sharing- You will be required to provide your personal information when making any kind of purchase from our online shopping portal. Website transfers and shares your information only with the third party payment gateway
operators. The operators might also have complete access to your HIBL website shopping history and other related details. The extremely sensitive information like debit/credit card details or passwords are handled with care through secure
technologies and encrypted links, thereby providing a supreme level of care and protection to your information. Since the internet technology is nowhere near 100% safe, you are advised to be vigilant while shopping online.

13. LIMITATION AND DISCLAIMER OF WARRANTY

13.1 The Website, the Services and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement or other violation of rights.
13.2 We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website’s Services or due to the non- availability of the Website Services.

13.3 If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by unsubscribing on theWebsite.

13.4 We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website.
13.5 We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions,
and such amended terms and conditions are on the Website.

 

14. INFORMATION

We always try to provide accurate information, yet errors may occur.

15. MAINTENANCE

This website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to this website and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading
or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, this website shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such
deactivation or/and suspension.
Discontinuation or Modification to Services- This website reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. There shall be no liability on behalf of this website to the
User or any third party in case this website exercises its unilateral right to modify or discontinue the Service.

16. USER CONDUCT

16.1.YOU AGREE AND CONFIRM that you will use the services provided by HIBL its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using this website and transacting on this website.
16.2.YOU AGREE AND CONFIRM that you will provide true, accurate, complete and current information in all instances when such information is requested from you. HIBL reserves the right to confirm and validate the information and other details
provided by you at any point of time.

16.3.YOU AGREE AND CONFIRM that if upon confirmation, your details are found not to be true (wholly or partly), HIBL has the right, in its sole discretion, to reject the registration and debar you from using the Services of HIBL and / or other
affiliated websites without prior intimation whatsoever.
16.4.YOU AGREE AND CONFIRM that you are using your prudent judgment while using HIBL website.
16.5.YOU AGREE AND CONFIRM that you agree to use the Services only for purposes that are permitted by the terms set out herein and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries),
16.6.YOU AGREE AND CONFIRM that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services),
16.7.YOU AGREE AND CONFIRM that you agree to ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time. That you shall not engage in any transaction which is prohibited by the provisions of any applicable
law including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time.
16.8.YOU AGREE AND CONFIRM that You understand and agree that HIBL provides only information and knowledge and acts as a bridge between users and the Sellers. All commercial/contractual terms and agreements are between users
and Sellers. HIBL WEBSITE is a communication medium. All orders are accepted and fulfilled by independent licensed chemist subject to verification of Valid Prescription by the said chemist. By accepting Terms and Conditions to use this
Technology Service, you hereby confirm that you are placing order only for fulfillment of valid prescription. HIBL is not responsible for any breach or non performance of any contract entered between users and sellers. You agree to indemnify and hold harmless HIBL, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees,
suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney’s fees made by any third party or penalty/penalties imposed due to breach or non-performance or any issues arising from your transaction with the Sellers.
16.9.YOU AGREE AND CONFIRM that You understand and agree that exhibit and offer for sale of Medicines, if any, at HIBL is only by the Pharmacy.
16.10. YOU AGREE AND CONFIRM that You understand and agree that HIBL is just a communication platform between you and Lab and other Service Providers.

16.11. YOU AGREE AND CONFIRM that unless you have been specifically permitted to do so in a separate agreement with this website, you agree that you will not reproduce, duplicate, copy, the content of this website for any purpose.
16.12. YOU AGREE AND CONFIRM that you are solely responsible for (and that this website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or
damage which this website may suffer) of any such breach.
16.13. YOU AGREE AND CONFIRM that you have given consent to keep records of telephone calls received from you and made to you for making enquiries, orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services etc.

17. INDEMNITY AND RELEASE

17.1 You shall indemnify and hold harmless the Company, 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.
17.2 In the event that you have a dispute with one or more users, you hereby undertake to release the Company (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or
otherwise.
17.3 All the personal information provided by you is used only:
17.3.1. For facilitating your website access.
17.3.2. For responding to your queries or fulfilling your requests regarding the information on our products and services.
17.3.3. For providing you the information about the products and services available
17.3.4. For updating you with news and exciting offer updates from HIBL website
17.3.5. For sending any important information related to our website, such as any changes made to the HIBL website terms and conditions or policies or any other kind of information.
17.3.6. For sending any marketing communications and market surveys that might be of your interest according to HIBL website
17.3.7. For personalizing your online shopping experience at HIBL website by providing tailored trends related to your interests;
17.3.8. To resolve your queries & problems related with the website addressed, including the most technical ones.
17.3.9. For completing the purchase from the website by processing the payment, communicating with you concerning the purchase and providing the best after sale services.
17.3.10. For administering the website in a proper and professional manner.
17.3.11. For conducting internal reviews as well as data analysis for our website.
17.3.12. For gaining your feedback on improving the content, advertising and the overall service provided on the online portal.
17.3.13. For protecting the integrity of HIBL website
17.3.14. For responding to any kind of judicial process and furnishing the required information to the law enforcement officials or for helping out in any investigations related to matters of public safety.

18. TERMINATION

18.1 We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.
18.2 You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You. Further, You will no longer be able to log into the Website.

19. SEVERABILITY

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

20. GENERAL

Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between You and the Website, in respect of the Services and supersedes all previous written and oral
agreements between You and the Website, if any. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

21. MODIFICATION OF TERMS & CONDITIONS OF SERVICE

21.1. We reserve the right to change these terms and conditions from time to time without informing you. It is your responsibility to review the company Terms & Conditions regularly.
21.2. If you wish to terminate your account due to any modification in the Terms & Conditions or any Policy of HIBL, you may do so by sending an email, with the subject line “Termination”, to the following email address hibl@bajoria.in
21.3. In the case of inconsistencies between these Terms & Conditions and any information included in off-line materials (for example, promotional materials and mailers), these Terms should always be referred & shall prevail over such information included in the material.

22. EXCLUSION OF WARRANTIES

22.1.The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.
22.2.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED IN “AS IS” AND “AS AVAILABLE” FORM.
22.3.IN PARTICULAR, HIBL, its partners, agents, licensors, suppliers, or their respective directors, franchisees, officers, or employees of them, and its subsidiaries and affiliates, DO NOT REPRESENT OR WARRANT TO YOU THAT-
22.3.1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

22.3.2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

22.3.3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF
THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

22.3.4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
22.3.5. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH  MATERIAL.
22.3.6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
22.3.7. THIS WEBSITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
22.4.HIBL, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees shall not be liable for any incidental, special, consequential or exemplary damage, cost or expenses incurred due to ( but not limited to); monetary loss,
loss of goodwill, data or other intangible losses arising directly or indirectly out of or in connection with the Website, its services or delay in performing any obligation under this contract by reason of any event or circumstances outside the reasonable control of HIBL, including but not limited to: strikes, industrial action, failure of power supplies or equipment, government action or an act of God.

 

23. INTERPRETING THE CONTRACT

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this  contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations
related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

24. ASSIGNMENT

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or
permanently, any rights to use the service or any part of the service.

25. NO THIRD PARTY BENEFICIARIES

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

26. REMEDIES

In the event that the User breaches any of the above-mentioned covenants, this website shall have the right to delete any material relating to the violations without prior notice to the User. This website shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, this website reserves the unilateral right to suspend or/and deactivate the User’s access to this website, the Service and/or any other related facility. In addition to the right to indemnity available to this website, this website shall have the right to any legal remedy, against the User to recover the
loss suffered by this website and the harm caused to the reputation of this website, due to such violation by the User.

27. GOVERNING LAWS AND DISPUTE RESOLUTION

Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Kolkata, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

28. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under read with all other Applicable Laws, the name and contact details of the Grievance Officer are provided below:
Name: _ Mr. Chandan Saha __________________
E-mail Address: ____hibl@bajoria.in_____________________
Postal Address: ___3 Netaji Subhas Road Kolkata 01______________________________
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