Terms of service

This website www.hekabites.com (the “Website/ Site”) is operated by Heka Bites. Throughout the site, the terms “the Company”, “we”, “us” and “our” refer to Heka Bites. Heka Bites offers this website, including all information, tools and services available from this site to you (hereinafter “You” or the “User”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the PRIVACY POLICY and those additional terms and conditions and policies referenced herein and/or available by hyperlink (each of which are incorporated herein by reference, and collectively, this “Agreement”). The Terms constitute a legally binding agreement and govern your use of the Site/ Service provided by us, both as a non-registered/ guest user and as a registered user, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY AND TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN DELHI, INDIA. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR AVAIL ANY SERVICE.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. The User must be 18 years of age or older to register, use the Website/Services, or visit the Website/ Services in any manner. By registering, visiting or using the Website or using the Services by contacting whether electronically online or telephonically, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Site and the Services available through the Site or telephonically, and agree to and abide by the terms and conditions mentioned herein. You also confirm that you have read and understood the terms provided in the Privacy Policy and you agree to the terms thereof.

If You are below 18 years of age, You may use the Site only with involvement of a parent or guardian. It shall be Your responsibility to ensure that You are of legal age to form a binding contract and are not barred under the laws as applicable in India.

The Agreement is published in compliance of, and is governed by the provisions of laws of India and is a valid electronic record in terms of Information Technology Act, 2008 as may be amended from time to time.

LICENSE & SITE ACCESS

By using this Site, You are granted a limited, non-exclusive, non-transferable right to the information on the Site in connection with Your personal, non-commercial, use of the Website. You may not copy, download (other than page caching), modify, reproduce, transmit, distribute, or create derivative works of such Content or information, or any portion of it, without express written authorization from the Company. In addition, You may not remove any copyright or other proprietary notices on any of the materials available on the Site.

This license does not include any resale or commercial use of this Site or its contents or products made available through the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the commercial benefit of yourself or another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited by You for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of the Company and its affiliates without prior express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Site’s or Company’s name or trademarks without the prior express written consent of the Company. Any unauthorized use of the Site or its services or contents shall cause the Company to terminate the permission or the limited license granted by the Company to the User forthwith without any notice. 

GENERAL CONDITIONS

We retain the right to deny access to the Website to any new User(s) or terminate access granted to any existing User(s) at any time for any reason, without providing any reasons.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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

While the Company strives to keep the information relating to the various Products offered on its Site accurate, complete and up-to-date, however, the Company cannot guarantee, and will not be held responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information. The Company does not guarantee availability of all the products at all times. Therefore, the Company shall not at anytime be held responsible for the non – availability of the products or cancellation or rescheduling of the delivery of the Product(s) as per the status of the availability.

The Company may change, suspend and/or discontinue the Product(s) listed on its Site at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict Users access to parts and/or all of the services without notice and/or any liability towards the Users.

USE OF THE SITE AND THE SERVICES

All products, services, and information displayed on the Website constitute an “invitation to offer”. Your order constitutes Your “offer” which shall be subject to the Terms as listed here. The Company reserves the right to accept or reject Your offer. If You have supplied us with Your e-mail address, we will notify You by e-mail as soon as possible to confirm receipt of Your order. Our acceptance of Your order will take place upon notification by e-mail/ on the Site. No act or omission of the Company prior to the actual notification as mentioned above will constitute the Company’s acceptance of Your offer.

We will try its best to deliver products exactly the way they appear on the Website. The quality of the products, services, and content purchased or obtained by You through the Website may not meet Your expectations and the same shall not qualify for return of the Product. Further, we shall not be responsible or made liable in this regard.

Changes to certain aspects of Your order may be required due to limitations caused by availability of the product. In such instances, You agree that the Company will call You or send an approval request via Your registered e-mail address which You submitted when placing Your order. If You do not agree with the requested change, you retain the right to reject the requested change by replying within 24 hours of the approval request being sent to You, following which Your order will be cancelled and You will be fully refunded, except any bank transaction charges incurred by You, via Your initial method of payment.

The Company tries to be as accurate as possible in the Content it provides on the Website. However, the Company does not warrant that product(s) or service(s) descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If a product(s) or service(s) offered by the Company is not as described on the Website, Your sole remedy is to return it in unused condition and inform the Company regarding the same within 24 hours of the receipt of the Product.

MODIFICATIONS TO THE SERVICE AND PRICES

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.

All the products listed on the Site will be sold at the prices mentioned on the Site, unless otherwise specified. The prices mentioned at the time of confirmation of the order shall be the prices charged on the date of the delivery.

YOU AGREE AND CONFIRM

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and/or transacting on the Site.
3. You will provide authentic and true information in all instances where such information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

USER ACCOUNT

As part of the signing up process while using the Services over the Site, you are required to provide us certain personal information including name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. Additionally, it is your responsibility to update the Company as promptly as possible with changes to such information so that all records are current, complete and accurate. The Company may make available the products and services only if You have provided the Company with the required User information and created an account by completing the Website registration form. You will make all reasonable efforts to ensure that the information provided by You in the Website registration form is complete, accurate, and up-to-date. Use of another User's account information for availing the products and services on the Website is expressly prohibited.

You agree that any use on the Website is at Your own risk and the Company is not responsible for it. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree to immediately notify the Company of any unauthorized use of Your account information or any other breach of security and ensure that You exit from Your account at the end of each session on the Website. You may be held liable for losses incurred by the Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your account information secure and confidential.

“Your Information” is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. The Company has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website at any time.

If You provide any information that is or becomes untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion of the Website).

In order to determine your compliance with these Terms of Use, we reserve the right, but not the obligation, to monitor your access to and the use of the Site and the Services. The Company may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for non-compliance with these Terms of Use. 

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made 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 our sole discretion. 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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 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 on our Site. 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.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as 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 optional third-party tools.
Any use by you of optional tools offered through the site is 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 the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party 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 or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 third-party products should be directed to the third-party and we shall not be held responsible for any failure or default of such third party(ies).

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use or is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain 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, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to 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.

Further, You understand that the Company has the right at all times to disclose any information (including the identity of the Users or persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, the Company can (and You hereby expressly authorize the Company) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Notwithstanding this right of the Company, You remain solely responsible for the content of the materials You post in the public areas of the Website and in Your private messages. Please be advised that content posted in public areas of the Website does not reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of the content and/or appearance of the content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third-parties or contain any libelous, tortuous, or otherwise unlawful information.

It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. The Company does not approve of such unauthorized uses but by using the Website You acknowledge and agree that the Company is not responsible for the use of any personal information that You publicly disclose or share with other Users on the Website. Please carefully select the type of information that You publicly disclose or share with other Users on the Website.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that 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 change 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 you have submitted 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 to indicate that all information in the Service or on any related website has been modified or updated.

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: (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.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Company makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Website. This Website, all Content, and products and services (including but not limited to software), included on or otherwise made available to You through this Website are provided by the Company “as is” and “as available” basis without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice, the Company does not warrant that this Website will be constantly available or available at all, or the Content on this Website is complete, true, accurate, or non-misleading. The Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, this Website. The Company does not warrant that this Website, Content, information, materials, product (including software) or services included on or otherwise made available to You through this Website, servers, or electronic communication sent from the Company are free of virus or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third-party (including Your Company), as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any Content contained on the Website, and Your personal information or material transmitted over the Company’s system. The Company shall not be liable in any way to You or to any other person or Company whatsoever for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

You agree to indemnify, defend, and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant, or agreement made or obligation to be performed by You pursuant to these Terms or any additional Terms applicable to the purchase of the products and services on the Website or non-fulfillment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to infringement of intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers. This clause shall survive the expiry or termination of these Terms.

In no event shall the Company, its directors, employees, officers, partners, or vendors be liable to You or any third-party for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether or not foreseeable, or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action (including negligence), strict liability or otherwise, or any other claim arising out of or in connection with Your purchase of the products and/or use of the services on the Website. Notwithstanding anything to contrary, the Company’s entire liability to You under the Terms or otherwise shall not exceed the money charged from You for the products ordered, under which the unlikely liability arises.

We endeavour to follow generally accepted industry standards to protect your information submitted to us, both during transmission and in storage. You also agree and acknowledge that our Company, its associates, directors, employees, agents etc shall not be responsible at anytime in the event of any breach of security or for any actions of any third party or event that are beyond the reasonable control of our Company, including but not limited to hacking of the Site and/or theft of the data/ information.

IN NO EVENT shall the company be liable to you on account of or for the acts or omissions, including failure to perform its services, of any of the third party service providers.

The Company shall not be liable for any third-party information, products, services, or links. The advertisements available on e-mail from the Company or the Website with respect to any third-party information, website, links, or products and services are for information purposes only.

The User understands and agrees that any Content or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such Content.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You. All the products and services sold on the Website are governed by different state laws and if the Website is unable to deliver such products due to different state law implications, the Company will return or give credit for the amount received by the Company from the sale of such products and services that could not be delivered to You. It is Your responsibility to ensure that the products purchased on this Website are not restricted in Your home state. The Company shall not be responsible for any non-compliance with regard to the local state laws.

The exclusions and limitations in this section apply to the maximum extent permitted by applicable law.

INTELLECTUAL PROPERTY RIGHTS

The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Website are owned and controlled by the Company or other third-parties that have licensed their use to the Company. Nothing contained on this Website or your use of the website should be construed as granting any license or create any right to use any Trademark without the prior written permission of the Company or the third-party that owns it.

All content on this Website, including but not limited to all text, images, illustrations, graphics, icons, artwork, audio clips, video clips, databases, hyperlinks, and meta tags, including the design, structure and arrangement, user interface, visual interface, and source code (collectively “Content”) is protected by copyrights, trademarks, patents, and other intellectual property rights that are owned and controlled by the Company or by other third-parties that may have licensed their material to us. All right, title and interest in the Content/ Website, Services are and will remain the Company’s exclusive property and/or of third parties’ associates (as applicable or as the case may be). We reserve all rights including those not expressly written in this Agreement. The Content is solely for Your personal, non-commercial use.

FORCE MAJEURE/ACT OF GOD

Failure on the part of the Company to perform any of its obligations and the inability to provide a product or service shall not entitle You to raise any claim against the Company or be a breach hereunder to the extent that such failure arises from an event of Force Majeure or Act of God. If through Force Majeure or Act of God the fulfilment by either party of any obligation set forth in this Terms will be delayed, the period of such delay will not be counted on in computing periods prescribed by the Terms. Situations include but not limited to any war, civil commotion, strike, governmental action, lockout, accident, epidemic, any defect or delay caused due to the server, internet, technical default, natural calamities, or any other event of any nature or kind whatsoever beyond the control of the Company that directly or indirectly hinders or prevents the Company from performing its obligations.

WAIVER

Any failure by the Company to enforce or exercise any provision of the Terms at any time or for any period, or any related right, shall not constitute a waiver of that provision or right.

CONFLICT OF TERMS

If there is a conflict or contradiction between the provisions of the Website Terms and any other relevant Terms, conditions, policies or notices, the other relevant Terms, conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of Your use of the relevant section or module of the Website.

SEVERABILITY

Any provision of any relevant Terms, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of relevant Terms, policies and notices shall remain in full force and effect.

VIOLATIONS OF TERMS OF USE

The Company may, in its sole discretion and without prior notice, terminate Your access to the Website and cancel any outstanding orders for products and services if the Company determines that You have violated the Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages is likely to be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate. These remedies are in addition to any other remedies the Company may have at law or in equity. The Company will also be entitled to recover from You, and You agree to pay, all reasonable lawyer and court fees and costs of such action, in addition to any other relief granted to the Company.

In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report it to customercare@hekabites.com

TERMINATION

The Terms of Use will continue to apply until terminated by either You or the Company.

If You want to terminate Your agreement with the Company, You can do so by not accessing the Website, and closing your account on the Website (if an account exists).

The Company reserves the right to suspend the Terms at its discretion at any time with or without notice, including but not limited to Your breach of any of the provisions of the Terms, Privacy Policy, or any other terms, conditions, or policies that may be applicable to You, technical reasons, requirement by law, or the products and services available to You on the Website are no longer commercially viable. Termination may include removal of access to all or portion of the Website and deletion of any/all of Your materials and/or account information submitted by You on the Website.

The Company shall not be liable to You or any third-party for any such termination. Termination shall not affect your liability or obligation arising prior to any such termination. The Company reserves the right to cease operation of the Website including but not limited to the entire or a portion of the Website, and distribution of products and services at any time, without advance notice to You. The Company's right to any Comments shall survive any termination of these Terms of Use. Any such termination of the Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms.

TERMS OF USE LANGUAGE

The headings included here are for Your convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by You or any other section or pages of the Website in any manner whatsoever.

The Terms apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include(s)”, and “including” shall be deemed to be followed by the phrase “without limitation”.

GOVERNING LAW AND JURISDICTION

The Terms shall be construed in accordance with the applicable laws of India. Subject to arbitration as mentioned below, the Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customercare@hekabites.com.

All notices from the Company and the Website will be served by e-mail to the primary e-mail address designated by You in Your account information or by general notification on the Website. Any notice to be provided to the Company pursuant to the Terms should be sent to customercare@hekabites.com. You agree that all agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.