Terms & Conditions
HIGHWAVES TECHNOLOGIES PRIVATE LIMITED, a company registered under the Companies Act 2013 and having its registered office at D904, Mantri Tranquil Apartments, Bangalore 560061 (“HWT” / “we” / “us” / “our”) owns and operates the domain name www.HWT.live (“Website”) and the mobile applications (“Mobile application”). Website, mobile site, Mobile application, software and / or any other form of applications shall hereinafter collectively be referred as “Platforms“.
We advise you to carefully read the Term & Conditions herein. By availing or accessing the services and the products provided by any of the Platforms, you agree to this Terms & Conditions document.
Eligibility Services of the Platforms would be available to only selected geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform.
HWT shall at all times at its sole discretion and without liability, reserve the right to terminate or suspend (in part or in whole) your registration, or refuse use/access of the Platform, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) HWT has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this Terms and Conditions.
Platform Terms & Conditions
HWT grants you a non-transferable, revocable, limited sub-license to access and make use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of HWT. The Platform and its source code is exclusive property of HWT. Unless otherwise agreed in writing between you and us, this license does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform (in whole or in part) shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without first obtaining the prior written consent of HWT. 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 Platform or of HWT and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Platform’s or HWT’s name or trademarks without the express written consent of HWT. Any unauthorized use terminates the permission or license granted by HWT.
If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or any such device used for accessing the website. You agree to accept responsibility for all activities that occur under your account or password. we strongly recommend that you sign off from your account at the end of each session.
In case you use the services of Zerone Microsystems Private Limited, also doing business under the brand of Card Se (“Card Se”), then there shall be a separate contract between Card Se and you, where we shall not be privy to such contract. Hence, we shall not be strictly held responsible / liable for any dispute such as but not limited to error, service deficiency, payment dispute etc arising out of such services of Card Se. In case of any such dispute etc of Card Se, you shall have to contact Card Se and resolve such dispute.
Account And Registration
All Users have to register and login for placing orders and purchasing services on the Platforms. You have to keep your account and registration details current and correct for communications related to your purchases from the Platforms. By agreeing to the terms and conditions, you/ user / merchant hereby agrees to receive promotional or transactional communication upon registration. The user / you can at any time opt out by contacting the customer service care.
You also agree to provide true, accurate and complete information about yourself as required on the website for the purpose of availing assistance services. If you provide any information that is not true, accurate, and incomplete, we shall reserve the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
In case you wish to make payments via credit or debit card or through Net Banking at the time of purchase of Products directly from the Platform, then you will be redirected to the webpage or application (as may be applicable) of concerned payment gateway providers such as Razorpay etc or to the payment gateway of the banks (“Payment Gateway”). Under no circumstances do we have any control over the payment process once you are redirected to the Payment Gateway. Hence, we do not store any data related to debit /credit cards and net banking details however, we have access to and may retain, subscriber information through the Payment Gateway. All payment transactions under the Website are processed through secured Payment Gateway. In case of any payment related dispute(s) or concerns, please raise the same with your issuing bank.
Cancellation, Return & RefundsReturn
- Any cancellation and / or return must be made within the duration mentioned against each product(s) and service(s).
- Refund, if any upon cancellation and / or return, shall be made in via NEFT in any bank account as informed in writing to us. For this purpose, the User shall have to share the bank details with us.
- All refunds shall be made in Indian Rupees only.
You Agree and Confirm
- That you will use the services provided by the HWT, Platform, its affiliates, consultants and contracted companies, are for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform.
- You will provide authentic and true information in all instances where such information is requested of you. HWT 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), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Platform without prior intimation whatsoever.
- That you are accessing, subscribing, purchasing the products and services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
- Before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on us, you agree to be bound by the conditions of sale included in the item’s description without exception.
You shall not use the Platform for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Platform/.
- Breaching any applicable laws;
- Interfering or disrupting networks or Platform connected to the Platform making, transmitting or storing electronic copies of materials protected by copyright without the permission of HWT.
Modification of Terms & Conditions of Service
HWT may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Platform. You should regularly review the Terms & Conditions on the Platform. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform/.
Governing Law and Jurisdiction
This Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Bengaluru 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 Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by HWT 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 Kolkata. The High Court of judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Platform on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the “Comments”) shall be and remain the property of HWT. Such disclosure, submission or offer of any Comments shall constitute an assignment to HWT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, HWT owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
- HWT shall reserve the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- HWT is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- HWT does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Platform. You grant HWT the right to use the name that you submit in connection with any Comments.
- You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify HWT and its affiliates for all claims resulting from any Comments you submit. HWT and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
- HWT, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of HWT or any third party’s intellectual property rights.
- All rights, including copyright, in this Platform are owned by or licensed to HWT. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HWT.
- You shall not modify, distribute or re-post anything on this Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HWT, its affiliates, its partners or its suppliers.
- All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner. References on this Platform to any names, marks, products or services of third parties or hypertext links to third party Platform or information are provided solely as a convenience to you and do not in any way constitute or imply HWT endorsement, sponsorship or recommendation of the third party, information, product or service. HWT is not responsible for the content of any third party Platform and does not make any representations regarding the content or accuracy of material on such Platform.
- If you decide to link to any such third party Platform, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software.
- All software used on this Platform is the property of HWT or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Platform/ may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform/ is strictly prohibited.
- Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HWT, one of its affiliates or by third parties who have licensed their materials to HWT and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of HWT and is also protected by Indian and international copyright laws.
Warranties and Limitation of Liabilities
HWT shall make no representation with regard to quality, colour, specifications, image, performance, material, ingredients etc. HWT’s endeavours to make available the products ‘as is’ where basis. The liability of HWT is limited to the extent of displaying.
You agree to defend, indemnify and hold harmless HWT, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of – (i) your actions or inactions, breach of any warranties, representations or undertakings or (ii) in relation to the non-fulfilment of any of your obligations under this terms and conditions or (ii) arising out of the your violation of any applicable laws, regulations including but not limited to 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 and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Terms and Conditions.
This Terms and Conditions is effective unless and until terminated by either you or HWT. You may terminate this Terms and Conditions at any time, provided that you discontinue any further use of this Platform. HWT may terminate this Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to HWT. Upon any termination of the Terms and Conditions by either you or HWT, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. HWT’s right to any Comments shall survive any termination of this Terms and Conditions. Any such termination of the Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Platform or affect any liability that may have arisen under the Terms and Conditions.
If there are any questions regarding this Terms and Conditions, you may contact us by writing to us at:
Address: #28, 16th Main Road, 38th Cross, Jayanagar 4th T Block, Bangalore – 560041