Welcome to the House of Tomar.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to:
- Immediately notify HOT of any unauthorized use/breach of your password or account
- Ensure that you exit from your account at the end of each session
2. Services Offered:
HOT does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
HOT is not and cannot be a party to or control in any manner any transaction between the HOT’s Users. To that end:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation the price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- HOT does not have any control or does not determine, advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- HOT does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
- HOT is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. HOT cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
- Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify HOT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the HOT and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, HOT cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You do not have any right to
- Is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
- Is misleading in any way
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- Contains video, photographs, or images of another person (with a minor or an adult)
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- Interferes with another user’s use and enjoyment of the Platform
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- Violates any law
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- Is false, inaccurate or misleading
- Creates liability for Us or causes Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- User doesn’t reply to the payment verification mail sent by HOT
- User fails to produce adequate documents during the payment details verification
- Misuse of another Users’ phone/email
- User uses invalid address, email and phone number
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used
- User returns the wrong product
- User refuses to pay for an order
- User is involved in the snatch and run of any order
- Uses partakes in any miscellaneous activities conducted with the sole intention to cause loss to business/revenue to HOT
- User returns the product after 7 days
- User repeatedly requests a monetary compensation for fake/used order
- HOT may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets these criteria, and any additional criteria as defined by HOT:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any order paced using a technological glitch/loophole.
In such an event, any promotional voucher used for placing the ‘Bulk Order’ may not be refunded as well.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of HOT.
- You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead HOT by sharing multiple address and phone numbers or transacting with mala fide intentions.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content. You shall not in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect HOT views. In no event shall HOT assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which 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 libellous, tortious, or otherwise unlawful information.
- HOT hereby disclaims any guarantees of exactness as to the finish, appearance, size, colour etc., of the final product as ordered by the User. HOT Return & Exchange Policy offers you the option to return or exchange items purchased on HOT within the return/exchange period (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our HOT.
5. Content Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
- Do not remove any proprietary notice language in all copies of such documents
- Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
- Make no modifications to any such information
- Do not make any additional representations or warranties relating to such documents
6. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, made available to You through the Platform are provided on “as is” and on an “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, HOT does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
8. Trademark, Copyright and Restriction:
All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on HOT is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other HOT or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
9. Limitation of Liability:
In no event shall HOT be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the Services or Products
- Unauthorized access to or alteration of the user’s transmissions or data
- Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. HOT shall not be held responsible for non-availability of the HOT Platform during periodic maintenance operations or any unplanned suspension of access to the HOT.
- The User understands and agrees that any material and/or data downloaded at HOT is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, HOT’s liability shall be limited to an amount equal to the Products purchased value bought by You.
- HOT shall not be liable for any dispute or disagreement between Users
- If You or HOT terminates your use of the Platform or any Service, HOT may delete any content or other materials relating to your use of the Service and HOT will have no liability to you or any third party for doing so. However, your transactions details may be preserved by HOT for purposes of tax or regulatory compliance.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead HOT by sharing multiple address and phone numbers or transacting with malafide intentions then HOT reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
11. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. HOT make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and HOT is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
12. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
13. Contacting the Seller:
At HOT, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact HOT about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-80-61561999 or access help center at https://www.houseoftomar.com/contactus
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through HOT. We shall neither be liable nor responsible for any actions or inactions nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with HOT nor shall HOT have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/non- delivery of the order or signature verification) shall be notified to HOT within 5 days from the alleged date of delivery of product reflecting on the HOT portal. Non-notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed Delivery in respect of that transaction. HOT disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the HOT portal.
Please reach out to us in the event of any questions.
You can email us at: Care@houseoftomar.com
Last updated: 07/08/2020