These Terms of Use of the website located at the URL www.hxkart.com and mobile application under the name hyperXchange and style “HX” (“the Website”) is between Yibeal Tradex Private Limited (“Company”) and the guest users or registered users of the Website (“You” or “Your” or “User”). These Terms of Use available at https://www.hxkart.com/terms-of-use, the Terms of Sale available at https://www.hxkart.com/terms-of-sale, the Privacy Policy available at https://www.hxkart.com/privacy-policy, the other policies of the Website available at https://www.hxkart.com/shipping-policy and https://www.hxkart.com/return.com together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively, “Agreement(s)”) constitute the agreement upon which You are allowed/permitted to access and use the Website, purchase the products so offered (“Products”) and/or avail of the services so offered as also such other services as are incidental and ancillary thereto as specified on the Website (“Services”).

 

The Company will make certain sections of the Services available to You through the Website only if You have provided the Company certain required user information and created an account (“Account”).

 

You shall be responsible for maintaining the confidentiality and security of the Account and the Account information, and You are and shall remain fully responsible for all activities that occur under and/or in Your Account. You agree to: (a) immediately notify the Company of any unauthorized use of Your Account and/or Your Account information and/or of any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot, will not and shall not be liable for any loss or damage arising from Your failure to comply with this section. You shall be liable for all losses, damages etc. suffered/incurred by and/or claims, demands etc. made on the Company and/or any other user of and/or visitor to/of the Website due to authorized or unauthorized use of Your Account as a result of Your failure in inter alia keeping Your Account and/or Your Account information secure and confidential.


You shall ensure that the Account information provided by You in the registration form on the Website is complete, accurate and up-to-date. The use of another user’s Account and/or Account information for purchasing the Products and/or availing the Services is expressly prohibited.


If You provide any information which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) and/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 without any notice to You, and further refuse any and all current or future use of the Website / Services (or any portion thereof).

 

All payments made against the Products/Services shall compulsorily be made by You in Indian Rupees acceptable in the Republic of India. The Company does not and will not accept any other form of currency with respect to and/or to facilitate any transaction. Before shipping Your order to You, the Company may request You to provide supporting documents (including but not limited to Indian Government issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to the users of the Company.

 

The Company may from time to time contract with third party payment service providers including banks to open nodal bank account(s) under applicable Indian laws, to facilitate payment. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be, for payment or supporting the same in any manner. Currently, payments can be remitted by You through internet banking, IMPS, debit cards/credit cards (Visa, MasterCard and American Express) via RazorPay and Paytm Wallet only.

 

The Company may have existing arrangements with its bank(s), regarding limits on the amounts You can pay in the course of a single transaction. The Company shall be under no liability whatsoever in respect of any loss or damage, arising directly or indirectly out of the decline of authorization for any transaction on account of Your having exceeded the preset limit mutually agreed by the Company with its bank(s) from time to time.

 

You agree to provide correct, accurate and current financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for purchasing the Products and/or availing the Services on the Website and you shall be liable to keep updating the same. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy of the Company. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account or net banking details or UPI ID.

 

The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to ‘prove it otherwise’ shall be exclusively on You.  

 

While availing any of the payment method(s) offered by the Company, the Company is not and shall not be responsible or take any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You out of the decline inter alia due to:

 

  1. lack of authorization for any transaction(s); or
  2. exceeding the preset limit mutually agreed by and between You and Your bank(s); or
  3. any payment issues arising out of the transaction; or
  4. decline of transaction for any other reason(s).

 

The Company reserves the right to amend and modify the terms of the fees, payment and billing without any prior intimation to You at the sole discretion of the Company. The Company maintains a standard payment method and You agree to accept it at the time of making the payment. Furthermore, You represent and warrant that You are authorized to use the designated payment method and authorize the Company (or the third-party payment processor of the Company) to charge your payment method for the total amount of your purchase/transaction (including any applicable taxes and other charges). Your order/Service may be suspended or cancelled if the payment method is either not verified, or is invalid. In the event of any dispute pertaining to the payments made by You, the Company shall not be liable for any such dispute the Company and shall endeavor to pass it to the payment gateway provider for resolution.

 

Further, while the Company does not store credit/debit card numbers, CVV/ security code, pin for 3D Secure and expiry date on any of its servers and only collects it in a session while making a transaction, the said information may however be stored by risk management/fraud management systems of banks/payment gateways with authority to do so.

 

For making payments for buying the Products and/or availing the Services on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to/on You provided that in the event of any conflict/inconsistency between the terms and conditions of and/or stipulated in the Agreement(s) and those stipulated by Your bank, applicable financial institution and/or card issuing association, the terms and conditions recorded in the Agreement(s) shall prevail. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products and/or availing the Services on the Website, and the Company does not control the same and thus shall not be liable for the same.

 

The Company reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by the Company as per certain criteria. An order can be classified by the Company as ‘Bulk Order’ if it meets certain criteria adopted by the Company for the purpose of identifying ‘Bulk Order’ at its sole and absolute discretion, including but not limited to:


  1. Multiple orders placed for the same Product including but not limited to at the same address;

  2. Bulk quantity of the same Product ordered;

  3. Invalid address given in the order details; or

  4. Any malpractice used to place the order.

 

Any rewards or benefits provided by the Company and used by You for placing the ‘Bulk Order’ will not be refunded.

 

Additionally, the Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from an individual valid credit/debit/cash card/valid bank account and/or such other infrastructure and/or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India and being used by/acceptable to the Company to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and the Company reserves the right to refuse to process transactions exceeding such limit.

 

The Company further reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of the Agreement(s) or breach/violation of any law or breach of any policy.

 

The Company may implement and carry out such checks as it deems fit before approving any transaction including cash on delivery transactions for security or other reasons at the discretion of the Company, but which shall not in any event discharge or absolve the User from/of all liability, responsibility etc. in respect of the subject transaction, which shall at all times vest and continue to vest in and with the User. As a result of such checks if the Company is not satisfied with the creditability of the User or genuineness of the transaction or other reasons at its sole discretion, the Company shall have the right to reject such transaction without being obliged to assign any reason for the same. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain Account Users, at the sole discretion of the Company.

 

The Company will process the transaction/order placed by You only after satisfactory receipt by the Company of the payment in lieu thereof.

 

The Company may delay notifying the payment confirmation and/or the delivery of the Product/Services, if the Companydeems anything to be suspicious. In addition, the Company may disclose the Account information and/or remit the transaction price to law enforcement officials (instead of refunding the same to the User) at the request of law enforcement officials or in the event the Company has reason to believe that the User may be engaged in any form of illegal activity.

 

The User acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a Transaction including that which is beyond the control of the Company.

 

As required by applicable law, if the User makes a purchase of an amount equal to or above INR 2,00,000.00, then within 4 days of making the purchase, the User shall be obliged to and shall email a scanned true self attested copy of his/her PAN card to the designated email address of the Company, presently being [assist@hyperxchange.com], failing which, the purchase made by the User will be cancelled. The requirement to submit the PAN card arises only once, and if the same has been submitted once by the User, it need not be submitted again. The order of the User shall stand cancelled if there is any discrepancy between the name of the User and the name on the PAN Card.

 

You agree and unconditionally undertake to comply with all the applicable laws including without limitation, applicable commercial laws, the rules, notifications, guidelines, circulars etc. issued from time to time by the Reserve Bank of India, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, each as modified/amended/re-enacted from time to time. The User shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and the business of the User, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall at the sole cost and risk of such User.   

 

If the Company has any suspicion or knowledge that any User is involved in any activity that is intended to provide information that is false or not genuine or incomplete or misleading, the Company may also, while reserving its rights to initiate civil and/or criminal proceedings against the User, at its sole discretion, suspend, block, restrict, cancel the Account of the User and/or disqualify the User and any related Users. A User who has been blocked for any suspicious or fraudulent activity on the Company will not be allowed to purchase/return/replace the Products and/or avail of any Services. The Company reserves the right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claim.

 

The Company reserves the right not to issue a tax invoice or not to issue a credit note against an already issued tax invoice to cancel the transaction, if any fraudulent activity is identified.

 

The Company shall not be liable for any loss occurring, including negligence arising from the failure of the User to adequately integrate or activate the Account, any fraudulent transactions processed through the User’s payment gateway account, or disruptions experienced in the transactions including DDOS attacks, software virus, Trojans, worms, bombs or any other unscrupulous means or the limitation of any hardware used to process the payment request. Furthermore, the User acknowledge that such transactions are network-based services, which are often subject to outrages, interruptions and delays, and the Company does not assume any liability in respect thereof.

 

The Company makes no representation of any kind, express or implied, as to the operation of the payment gateway. The User expressly agrees that his/ her use of the aforesaid online payment service is entirely at the sole and exclusive risk and responsibility of the User.

 

The Company shall not be and hence shall not be held liable in any cases of identity theft.

 

There may be certain orders that the Company is unable to process including without limitation on account of non-availability of the Website service, force majeure, credit limitations, suspected fraud, limitations on quantities available for purchase, inaccuracies or errors in the Products or pricing information amongst others, and the Company disclaims any and all responsibility in respect of/arising therefrom, whether directly or indirectly.

 

The Company reserves the right to refuse or cancel any order for any reason and/or without assigning any reason at its sole discretion and without any liability, which shall bind the User, who shall not be entitled to contend or claim to the contrary.  

 

The Company may also ask for additional verifications or information before accepting any order. If any order is cancelled after Your credit card has been charged, the said amount will be added to the “Cash Refund” section of Your Account. You agree and confirm not to dispute the decision made by the Company, and shall be bound by such decision without any dissent and demur.

 

In case of fraudulent use of the Website, The Company reserves the right to recover the cost of goods, collection charges and lawyers fees amongst others from You as also the person(s) concerned jointly and severally. The Company reserves the right to initiate legal proceedings against You and/or such person(s) for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions and/or the Agreement(s).

 

You agree that You are solely responsible to the Company and/or to any third party for any breach of Your obligations under these Terms of Use and/or the other Agreement(s) and for the consequences (including any loss or damage which the Company and/or its affiliates and/or its vendors may suffer) for any such breach.

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