Terms & Conditions
Reading and accepting
the Terms and Conditions of the Hohocare.com is necessary before using the
website.
Use of Hohocare.com
While using Hohocare.com, you will not:
- post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
- use Hohocare.com, if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from Hohocare.com;
- manipulate the price of any product or item listed on Hohocare.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Hohocare.com;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of Hohocare.com or by using it for some other purpose not related to Hohocare.com;
- transfer your Hohocare.com account to another party without our consent;
- distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
- use any form(s) of technology (at our sole discretion) that might cause harm to Hohocare.com, or to the interests or property of Hohocare.com users;
- duplicate, change, or disseminate content from Hohocare.com and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
- impersonate any person or entity, including without limitation a Hohocare.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- register or use any email address that you do not own or for which you do not have the express permission of the owner to register with Hohocare.com.
Content License
By submitting
communications or content to any part of this Site where such content would be
viewable by the public (e.g. posting of a review etc), you are agreeing the
such submission is non-confidential for all purposes. Any submission to this
Web site will be deemed and remain the property of Hohocare.com. You grant or
warrant that the owner of such content has expressly granted Hohocare.com a
royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use,
copy, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform and display the communication or content in any
media or medium, or any form, format, or forum now known or hereafter
developed.
Usage of Content
Unless otherwise
indicated, all information contained on this web site, such as text, graphics,
logos, button icons, images, audio clips, videos are copyrighted by and proprietary
to Hohocare.com, and may not be copied, reproduced, transmitted, displayed,
performed, distributed, sublicensed, altered, stored for subsequent use or
otherwise used in whole or in part in any manner without Hohocare.com's prior
written consent, except that the user may make such temporary copies in a
single computer's RAM and hard drive cache as are necessary to browse the
website. The user may also make a single copy of the Content displayed on any
page of the website to be used by the user for personal and noncommercial uses
which do not harm the reputation of Hohocare.com, provided that the user does
not remove any trademarks, copyright and any other notice contained in such
content.
We may also use 3rd
party information, photos, or videos from manufacturers for marketing or
informational purposes of the products we sell on Hohocare.com. Any use of
these 3rd party information, photos, or videos by a Hohocare.com user will
require that they get the appropriate consent from the responsible 3rd party
prior to using those 3rd party images or information.
No Medical Advice; No Guarantees
You recognize and
agree that the content made available through Hohocare.com is for informational
purposes only and is not intended to be taken and should not in any way be
construed as medical advice or counseling or as the practice of medicine or as
the creation of a physician-patient relationship with Hohocare.com. Users
should never use any Hohocare.com resources in place of seeking professional
advice from a licensed medical practitioner. We make no guarantees, promises,
or predictions of success regarding any of the services or resources offered
through Hohocare.com.
Right To Refuse Service On All Orders
Hohocare.com reserves
the right to refuse service to anyone at anytime at our sole discretion. In the
case where we discontinue service we will continue to honor any warranty
obligations as required by law.
Limitation of Liability
Hohocare.com will not
be held responsible by you for other user's actions or inactions, including
things posted by said users. Additionally, in no event shall Hohocare.com
guarantee constant or secure access to our websites or services, and normal
functioning of Hohocare.com may be interfered with or disrupted by numerous
factors beyond the scope of our control. Also, according to the fullest extent
permitted by law, we exclude all implied warranties, terms and conditions. We
are not liable for any loss of money, goodwill, or reputation, or any special,
indirect, incidental or consequential damages arising out of your use of Hohocare.com.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Regardless of the
previous paragraph, if we are found to be liable, our liability to you or to any
third party is limited to Rs. 5,000/-.
Release
You agree to release Hohocare.com,
trustees, officers, agents, directors, subsidiaries, joint ventures and
employees from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, real or imaginary, arising out of or in any
way connected to a dispute with Hohocare.com.
Access and Interference
Much of the information
on the Hohocare.com website is updated in actual time and is exclusive to the
owners or is licensed by third parties for our users to Hohocare.com. You agree
that you will not use any robot, spider, scraper or any other automated means
to access the Hohocare.com website for any purpose without first obtaining our
express written permission.
You also agree that
you will not:
·
take any action, in
our sole discretion, that imposes or might possibly impose an unreasonable or
excessive load on the Hohocare.com framework;
·
copy, reproduce,
modify, create derivative works from, distribute, or publicly display any
content from Hohocare.com without the prior expressed written permission of Hohocare.com
and the appropriate third party, as applicable;
·
interfere with or try
to meddle, tamper, or obstruct the proper and correct functioning of Hohocare.com
or any activities carried out on Hohocare.com; or
·
circumvent or use any
other method to bypass the security measures we may use to prevent or restrict
access to Hohocare.com.
Privacy
We view protection of
your privacy as an extremely important issue. We only use your information as
described in the Hohocare.com Privacy Policy. We do not sell or rent your personal information to third
parties for their marketing purposes. You may change and access the information
you provide to us by logging in to your Hohocare.com account. Please do not use
Hohocare.com if you have any objections whatsoever to your information being
transferred or used in the way described herein.
Your Account
If you use this site and create an account, 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. Hohocare.com does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Hohocare.com only with involvement of a parent or guardian. Hohocare.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Typographical Errors
In the event a product
or service is listed at an incorrect price due to typographical error or error
in pricing information received from our suppliers, Hohocare.com shall have the
right to refuse or cancel any orders placed for the product or service listed
at the incorrect price. Hohocare.com shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is cancelled, Hohocare.com shall issue a credit to your credit card
account in the amount of the incorrect price.
Risk of Loss
All items purchased
from Hohocare.com are made pursuant to a shipment agreement. This means that
the risk of loss and title for such items pass to you upon our delivery to the
carrier.
Product Descriptions
Hohocare.com attempts to be as accurate as possible. However, Hohocare.com does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on Hohocare.com.
Indemnity
You agree to indemnify
and hold Hohocare.com, trustees, officers, agents, directors, subsidiaries,
joint ventures and employees, harmless from any loss, liability, claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement, use of our website, or your
violation of any law or the rights of a third party.
No Agency
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created between you and Hohocare.com by this
Agreement.
Notices
Except as specifically
stated elsewhere, legal notices shall be served on Hohocare.com's national
registered agent or to the email address you provide to Hohocare.com during the
registration or ordering process. Notice shall be considered given 24 hours
after email is sent, unless the sending party is notified that the email
address is invalid. Additionally, you may be served legal notice by mail to the
address(es) on file with your Hohocare.com account. In such case, notice shall
be considered given 72 hours after the date of mailing.
Resolution of Disputes
If a dispute arises
between you and Hohocare.com, our goal is to provide you with a neutral and
cost effective means of resolving the dispute quickly. Accordingly, you and Hohocare.com
agree that we will resolve any claim or controversy at law or equity that
arises out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage you
to first contact us directly to seek a resolution by going to the Ask a
Question section. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
·
Law
and Forum for Disputes
- This Agreement shall be governed in all respects by the Indian
laws as they apply to agreements entered into and to be performed entirely
within India between Indian residents, without regard to conflict of law
provisions. You agree that any claim or dispute you may have against Hohocare.com
must be resolved by a court located in Mumbai, India, except as otherwise
agreed by the parties or as described in the Arbitration Option paragraph
below. You agree to submit to the personal jurisdiction of the courts located
within Mumbai, India for the purpose of litigating all such claims or disputes
Arbitration Option
- AGREEMENT TO ARBITRATE. This Agreement shall be governed
by the Indian laws. Disputes if any arising out of this Agreement will be
settled by arbitration and the decision of the arbitrator shall be final
binding on both parties. The venue of such
arbitration shall be at Mumbai, Maharashtra and judgment on the decision may be
entered in any court having jurisdiction. All administrative fees for the
arbitration will be paid by the business. This Agreement to Arbitrate
affects important legal rights. Neither of us will be able to go to court
for disputes that must be arbitrated.
·
Improperly
Filed Claims
- All claims you bring against Hohocare.com must be resolved in
accordance with this Resolution of Disputes Section. All claims filed or
brought contrary to the Resolution of Disputes Section shall be considered
improperly filed. Should you file a claim contrary to the Resolution of
Disputes Section, Hohocare.com may recover attorneys' fees and costs up to Rs.
50,000/-, provided that Hohocare.com has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
General
If any provision of
this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall continue in full force and effect. The section titles and
headings in this Agreement are for reference or convenience only and have no
legal or contractual effect and in no way limit the scope or extent of such
section. Failure of Hohocare.com to take action in regards to a violation of
this Agreement by you or others in no way waives our rights to take action with
respect to subsequent or similar violations. In no way do we guarantee that we
will take action against all violations of this Agreement. Hohocare.com is
located at Bandra East, Mumbai – 400 051.
We may make changes or
amendments to this Agreement at any time by posting the amendments on Hohocare.com.
All changes to this Agreement shall automatically become effective.