Last updated on October 25, 2020
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and 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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of HumbleShops mobile phone application, website(s), products and services (the “Services”).
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use the Services.
These Terms of Use (the “Terms”) are a
binding contract between you and Mr. Abhishek Johri s/o Mr. Radhey Lal Johri, who is the
authorized person to operate the HumbleShops platform (henceforth referred to as
“HumbleShops”, “we”, “us”, and “first
Party”).
You must agree to and accept all of the Terms, or you do not have
the right to use the Services. Your using the Services in any way means that you agree to all of
these Terms, and these Terms will remain in effect while you use the Services.
The use of the Services provided by the HumbleShops are subject to the rules and regulations, policies, notices, terms & conditions set forth in this Agreement (“User Agreement”). For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Services by registering as a member of the Services by submitting identification information/ registration details using the Services and accepting the electronic record of the User Agreement.
We may change our Services in our efforts to constantly improve our Services and to keep up with changes to technologies and regulations and other factors that impact how we provide our Services. As a result, these Terms may also need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the http://www.humbleshops.com/ website and/or our applications and/or by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by the HumbleShops’s Rules and Policies for Sellers and Buyers as provided from time to time in the HumbleShops “Sellers Agreement”
By registering for the Services provided by us, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you.
To be eligible to sell items on HumbleShops, the User is required to separately register with HumbleShops. Please refer to HumbleShops Seller Registration Agreement for the details.
You may be required to sign up for an account, using your phone number. We will send a verification code (OTP) through SMS on the provided phone number. And you need to provide this verification code in the mobile app to register your phone number. We may also ask for your email, username, and ask you to provide a password as well to complete the registration. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your HumbleShops User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account, phone or email verification code, or password with anyone, and you must protect the security of your account and your password. You agree to take full responsibility for any activity associated with your account.
You understand and agree that we merely provides hosting services to its Users who access HumbleShops for purchase and sale of products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on HumbleShops and the contents therein are advertised and listed by registered Sellers.
We neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. We have no control over third parties and contents generated by the Users on HumbleShops.
Any information provided by you to the HumbleShops platform or submitted to HumbleShops or provide or display to other Users of HumbleShops in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and HumbleShops merely is a platform where such information is distributed, published, displayed or used by Users. We are not liable for accuracy, appropriateness or legality of such information.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
While we make every effort to display as accurately as possible the colours and images of our products that appear at the store, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
When you purchase a product from a seller using HumbleShops platform, the seller is entirely responsible to providing the service of product repair, product exchange and product return and refunds. You need to communicate with the seller and mutually decide on how to return/exchange/repair a product and get refund against the returned product.
The seller may choose not to accept product return/exchange/repair/refund request, based on the seller’s product return policy and refund policy.
We suggest you to confirm with the seller about its product return/exchange/repair and refund policy before buying any product from the seller.
You agree that we do not take any liability or responsibility to entertain product return/exchange/repair or refund requests. All such requests are solely between you and the seller that sold you the product, without any intervention from us.
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to notify you
by in-app notification, contacting the e‑mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You
agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We know and understand that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. Please review HumbleShops’s current privacy policy on the website www.humbleshops.com to learn more.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@humbleshops.com.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to us shall be given by email to support@humbleshops.com and any notices to you by us shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and us with respect to the subject matter herein.
We at our sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that we assign this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of us under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of Republic of India and the Courts in Bangalore shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and 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.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.
Questions about the Terms of Service should be sent to us at support@humbleshops.com
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