OVERVIEW

This website is handled by Hackmyway Technologies Pvt Ltd. Thus all over the site, the terms- “we”, “us” and “our” represent Hackmyway Technologies. HMW Technologies offers this website along with all information, tools and services available herein for you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices mentioned in this column.

By using our site and/or making a purchase, you engage in a “Service” and accept the following terms and conditions, in addition to additional T&C and policies referenced herein and/or available as hyperlink. These Terms of Service apply to all users of the site, and are not limited to browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools added to the current online store shall also be subject to the Terms of Service. You can review the updated version of the Terms of Service any time on this page. We reserve the right to update, modify or replace these Terms of Service in part or whole by posting updates and/or making changes in our website. The responsibility lies with you to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes their acceptance.

SECTION 1 - ONLINE STORE TERMS

• As per these Terms of Service, you are assumed to have attained at least the age of majority in your state or province of residence and that you have given us your consent for allowing any of your minor dependents to use this website.
• You shall not use our products for any illegal or unauthorized use nor shall you, while using the website, violate any laws in your jurisdiction (including but not limited to Copyright Laws).
• You must not transmit any worms or viruses or any code of a destructive nature.
• Any breach or violation of any of these Terms will result in immediate termination of the agreement.

SECTION 2 - GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information) may be transferred unencrypted, involving (a) transmissions over various networks; and (b) changes to conform and adapt for meeting technical requirements of connecting devices or networks. Credit card information is always encrypted during transfer over networks.
• You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which service is provided, until our expressed written permission is obtained.
• The sections formulated in this agreement are for the purpose of convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• We are not responsible if any information made available on this site is not accurate, complete or current. The content on this site is provided for general purpose only and should not be relied upon or used as the sole basis for decision making without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the contents of this site is at your own risk.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor such changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

• The prices of our products are subject to change without prior notice.
• We reserve the right to modify or discontinue a Service (or any part or content thereof) without prior notice.
• We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuity of the Service.

SECTION 5 - PRODUCTS OR SERVICES

• Certain products or services may be available exclusively only on our website. These products or services may have limited quantities and are subject to return or exchange as per our Return Policy.
• We have made every effort to display as accurately as possible the colors and images of our products as they appear in reality. We cannot guarantee that your device will display the accurate colour.
• We reserve the right but are not obligated to limit the sale of our products or services to specific person(s), geographic region or jurisdiction. We may exercise this right if required. We reserve the right to limit the quantity of our products or services on offer. All descriptions of products or pricing are subject to change any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer containing our product or service made on this site is void, if prohibited.
• We do not warranty that the quality of our products, services, information, or any other material purchased or obtained by you shall meet your expectations, or that any errors in the service shall be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to not accept an order you place with us. We may restrict or cancel quantities purchased per person, household or order, if required. These restrictions may involve orders placed for the same customer account, credit card, and/or orders that mention 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 via email and/or billing address/phone number provided during order placement. We reserve the right to limit or prohibit orders that as per our sole judgement, 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 on our website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if required.
• For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

• We may provide you with access to third party tools which we neither monitor nor have any control over.
• You acknowledge and agree that we provide access to such tools “as it is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third party tools.
• You may use optional tools available on our website entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by relevant third party provider(s).
• We may, in future, offer new services and/or features on the website (including release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

• Certain content, products and services available through our website may include materials from third parties.
• Some links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content thereof and thus, will not have any liability or responsibility for any third party content or websites, or for any other materials, products, or services of third parties.
• We are not liable for any harm or damages arising out of purchase or use of goods, services, resources, content, or any other transactions relating to any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding their products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• If we receive your submissions at our request or otherwise (for instance, contest entries) or you send creative ideas, suggestions, proposals, plans, or other content, be it online, by email, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use through any medium any comments that we receive. We shall be under no obligation (a) to keep any comments undisclosed; (b) to pay compensation for any comments; or (c) to respond to any comments.
• We may, but have no obligation to, monitor, update or remove content that we determine at our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or Terms of Service.
• You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or proprietary rights. You further agree that your comments will not contain libelous or unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretending to be someone else, or otherwise mislead us or third-parties for the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

• It may happen that some information on our site or in the Service contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after submission of your order).
• We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken as indicative of the time of updating or modifying all information in the Service or on any related website.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our/others’ intellectual property rights; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) 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 any related website, other websites, or the Internet; (8) to collect or track personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) 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 indulging in any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• 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 derived from the use of the service will be accurate or reliable.
• You agree that from time to time we may not be providing the service for indefinite time periods or cancel the service at any time, without prior notice.
• You agree that your use of, or inability to use, the service is at your sole discretion. All the services and products delivered to you through the service are (except in case 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 Hackmyway Technologies Pvt. Ltd. / Emeros / Mr. Avanesh Kumar, our directors, officers, employees, 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 to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use 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. Since some states and 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hackmyway Technologies Pvt. Ltd. / Emeros along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, protecting 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 present by reference, or your violation of any law or rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision included in 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 other provisions.

SECTION 16 - TERMINATION

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our website.

SECTION 17 - ENTIRE AGREEMENT

• Any failure to exercise or enforce any right or provision of these Terms of Service by us at any time, 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 associated with the service constitute the complete agreement and understanding among us and govern your use of the Service over any prior or existing agreements, communications or 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.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements between us shall be governed by and construed in accordance with the laws of India and within the jurisdiction of New Delhi, Delhi.

SECTION 19 - CONTACT INFORMATION

You can raise your concerns regarding the Terms of Service at support@emeros.in.