Terms and Conditions
WEBSITE TERMS OF USE (‘TERMS’)
This document is an electronic record
in terms of provisions of the Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records
in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
The terms of use of website and other
policies (hereinafter referred to as “the Document”) is published in accordance
with the provisions of Rule 3 (1) of the Information Technology (Intermediaries
guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and Terms of Use for access or usage of domain www.livhybrid.com (“Website”), including the related mobile
site and mobile application, if any (hereinafter referred to as “Platform”).
The Platform is owned and operated
by Liv Hybrid Tech Private Limited,
a company incorporated under the provisions of the Companies Act, 2013, having
its Registered Office at Innov8 Orchid Centre, 3rd Floor, Orchid
Centre, Sector-53, Golf Course Road, Gurugram-122002, Haryana (hereinafter
referred to as “Company” or "We" or "Us" or
"Our") (including its directors, promoters, full time employees,
subsidiaries, affiliates, and associates etc.). The Company is the authorized
Licensee of Trade Marks used for the products / items
/ name listed on the Platform. The Platform is available on a browser
environment.
These Terms is between the Company
and the Customer, any natural or legal person who has / has been / will
accessed / accessing /access the Platform for purchasing the products either
by providing Registration Data while registering on the Platform as Customer or
otherwise (hereinafter referred to as ‘User’ or ’You" or "Your"
or "Yourself") describe the Terms subject which the Company offers
You access to the Website and such other services as are incidental and
ancillary thereto ("Services").
Welcome to Liv Hybrid Tech provide
its services to you subject to the following conditions. If you visit or shop
at. www.livhybrid.com (website), you
accept these conditions. Please read them carefully. In addition, when you use
any current or future www.livhybrid.com
(website) service or
visit or purchase from www.livhybrid.com (website),
you also will be subject to the guidelines and conditions applicable to such
service or business.
PRIVACY
Please review our Privacy Policy,
which also governs your visit to Fabindia.com, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit www.livhybrid.com (website) or send
e-mails to us at care@livhybrid.com (email id), you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Liv Hybrid Tech
Private Limited or its content suppliers. The compilation of all content on
this site is the exclusive property of Liv Hybrid Tech Private Limited. All
software used on this site is the property of Liv Hybrid Tech Private Limited
or its software suppliers.
TRADEMARKS
The Company is either the owner of
intellectual property rights or has the non-exclusive, worldwide, perpetual,
irrevocable, royalty free, sub-licensable (through multiple tiers) right to
exercise the intellectual property, on the Platform, and on the material
published on it in cases where it may be so construed.
‘Liv Hybrid’ and related icons, banners and logos whether registered or unregistered are the
trademarks of the Company and are protected under applicable copyright,
trademark and other proprietary and intellectual property laws. Users’
unauthorized adoption copying, modification, use or publication of these marks
is strictly prohibited. Any violation of our trademarks will be liable for
legal action.
SITE
ACCESS
The Company grants you a limited
permission to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it. This permission
does not include any resale or commercial use of this site or its contents; 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 benefit of 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 for any commercial purpose without
express written consent of the Company. You may not use any proprietary
information (including images, text, page layout, or form) of the Company
without express written consent. You may not use any Meta tags or any other
"hidden text" utilizing the Company's name or trademarks without the
express written consent of the Company. Any unauthorized use terminates the permission
granted by the Company. You are granted a limited, revocable, and nonexclusive
right to create an account as a Customer and does not
portray the Company, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any the Company’s
logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR
ACCOUNT
If you use this site, 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.
Fabindia.com and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews,
comments, and other content; send e-Gift Certificates and other communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. The Company reserves the right (but not the
obligation) to remove or edit such content, but does
not regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant the Company a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant the Company the right to use the name that you submit in
connection with such content, if they choose. You
represent and warrant that you own or otherwise control all
of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify the
Company for all claims resulting from content you supply. The Company has the
right but not the obligation to monitor and edit or remove any activity or
content. The Company takes no responsibility and assumes no liability for any
content posted by you or any third party.
RISK
OF LOSS
All items purchased from www.livhybrid.com (website) are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
PRODUCT
DESCRIPTIONS
The Company attempt to be as
accurate as possible. However, the Company does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by www.livhybrid.com (website) itself
is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the
List Price displayed for products on our website, whether in Indian Rupees represents
the full price of the product and shipping charges, if any, unless specified
otherwise in the Shipping Fees.
With respect to items sold on www.livhybrid.com (website), we charge
your card before your order has entered the shipping process. For any reason if
we are not able to ship you products as per your
order, we will intimate you electronically and refund the value of the products
not available. Any additional Shipping Fees, if applicable, will not be
refunded.
Despite our best efforts, a small
number of the items in our catalogue may be mispriced. If we discover a
mispricing, we will do one of the following:
If an item's correct price is
lower than our stated price, we will charge the lower amount and ship you the
item.
If an item's correct price is
higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such
cancellation.
Please note that this policy
applies only to products sold and shipped by www.livhybrid.com (website).
SHIPPING
All of www.livhybrid.com (website) orders are
shipped door-to-door from our warehouse to your provided shipping address via
our logistic partners. Processing the order normally takes 2 working
days and then Shipping normally takes 4-6 working days.
Shipping destinations offered by the
Company for delivery will be extended and updated from time to time and listed
online.
We do not ship backorders. We aim
to keep every item on our website in stock. If there is an item which you
purchase and then we realize this item is not available, we will promptly
inform you within 2 working days of your purchase and fully refund
your money for the out of stock item.
We can only process one shipping
address per order. So, if you would like to order several items and ship to
different people, please treat these as separate orders. We cannot ship to Post
Office Box addresses and take no responsibility for non-delivery of orders in
case the delivery address includes P. O. Box details in any part or form.
The Company will attempt
delivery 3 times at the delivery address specified by you in the
order, before they contact us that your package is not deliverable. You can
track the package through the Order Tracking facility. If the package status is
shown as undeliverable please call the Customer
Service and quote your tracking number to trace your package.
DUTIES
AND TAXES
REPLACEMENTS,
RETURNS AND REFUNDS
If you change your mind about any items purchased
you can contact to us. For more information on Returns and Replacement, please
refer to our Replacement and Warranty Policy
PAYMENT
While availing any of the payment
method/s available on the Platform, the Company will not be responsible or
assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to You due to:
- Lack of authorization for any transaction/s,
or
- Exceeding the pre-set limit mutually agreed by
You and between "Bank/s", or
- Any payment issues arising out of the
transaction, or
- Decline of transaction for any other reason/s
All payments made against the
purchases/services on ……..
(website) by you shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Platform will not facilitate transactions
with respect to any other form of currency with respect to the purchases made
on Platform.
Before shipping / delivering your
order to you, the Company may request you to provide supporting documents
(including but not limited to Govt. 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 our
customers.
COMPLIANCE WITH LAWS
- As required by applicable law, if the customer
makes a purchase of an amount equal to or above INR 50,000.00, the
customer will be required to upload a scanned copy of his/her PAN card on
the Platform, within 4 days of making the purchase, failing which, the
purchase made by the Customer will be cancelled. The requirement to submit
the PAN card arises only once and if it has been submitted once by the
customer, it need not be submitted again. The order of the customer shall
stand cancelled if there is a discrepancy between the name of the customer
and the name on the PAN Card.
- The Customer shall comply with all the
applicable laws (including without limitation Foreign Exchange Management
Act, 1999 and the rules made and notifications issued there under and the
Exchange Control Manual as may be issued by Reserve Bank of India from
time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961
and the rules made there under, Export Import Policy of government of
India) applicable to them respectively for using Payment Facility and
Company Platform.
COMMUNICATIONS
The Company urges the users to beware
of fake offers and fraudulent callers/messengers who may impersonate themselves
as representatives of the Company. The Company’s authorised representatives
will never contact the Users to demand money for prizes or ask for
password/PIN/CVV. In the event you are asked for confidential details by anyone
posing as the Company’s representatives, please ask them to communicate with
You through email and only respond to emails from the Company domain.
When You use the Platform or send emails or other data, information or
communication to Us, You agree and understand that You
are communicating with Us through electronic records and You consent to receive
communications via electronic records from Us periodically and as and when
required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
PRODUCT
PROPERTIES
All of the Company's
products are of the finest quality.
Colours: We have done
our best to display as accurately as possible the colours
of the products shown on this Web site. However, because the colours you see will depend on your monitor, we cannot
guarantee that your monitor's display of any colour
will be accurate.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by www.livhybrid.com (website) on an
"as is" and "as available" basis. The Company makes no
representations or warranties of any kind, express or implied, as to the
operation of this site or the information, content, materials, or products
included on this site. You expressly agree that your use of this site is at
your sole risk.
To the full extent permissible by
applicable law, the Company disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. The Company does not warrant that this site,
its servers, or e-mail sent from www.livhybrid.com (website) are free of
viruses or other harmful components. The Company will not be liable for any
damages of any kind arising from the use of this site, including, but not
limited to direct, indirect, incidental, punitive, and consequential damages. Whilst
we try and ensure that the details, descriptions and
prices of the products displayed on the Website are accurate, errors may occur.
We therefore reserve the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without prior
notice. We reserve the right to refuse to fulfil any order that you may place
based on such erroneous, inaccurate or out-of-date
information regarding pricing, shipping, payment terms, or return policies.
To the maximum extent permitted by
applicable law, the Company assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content
displayed on the Website; (ii) any personal injury or property damage, of any
nature whatsoever, resulting from your access to or use of our Website or any
product; (iii) any unauthorized access to or use of our secure servers and/or
any and all personal information stored therein; (iv) any interruption or
cessation of transmission to or from the website; and/or (v) any bugs, viruses
or the like that may be transmitted to or through our Website by any third
party.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company and its directors, promoters,
employees, subsidiaries, affiliates, and associates harmless from and against
any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the site.
APPLICABLE
LAW
By visiting www.livhybrid.com (website) you agree
that the laws of India, under the jurisdiction of the Gurugram, without regard
to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and the Company and its
directors, promoters, employees, subsidiaries, affiliates, and associates etc.
DISPUTES
Any dispute relating in any way to
your visit to www.livhybrid.com
(website) or to products you purchase through www.livhybrid.com (website) shall be
submitted to confidential arbitration in Gurugram, India, except that, to the
extent you have in any manner violated or threatened to violate the Company's
intellectual property rights, The Company may seek injunctive or other
appropriate relief in any court in India or internationally, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing under the Indian
Arbitration Act. The arbitrator's award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Site policies, modification, and
severability Please review our other policies, such as our pricing policy,
posted on this site. These policies also govern your visit to www.livhybrid.com (website). We reserve
the right to make changes to our site, policies, and these Terms of Use at any
time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
GRIEVANCES
In accordance with Information
Technology Act 2000 and rules made there under and the Consumer Protection
(E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer
are provided below:
Mr.
Liv Hybrid Tech Private Limited
Address:
Contact Us
Email: care@livhybrid.com
Phone: +91-8588861801
Time: Mon - Sat (9:00 - 18:00)
Important: Grievance
cell must be approached post contacting the "Customer Support"
of the Company where desired resolution was not served.
Any direct communication to Grievance cell will be redirected to "Customer
support" for further assistance
*The officer will get back to the customer within 3 business days of reporting
an issue
*Every grievance will be provided
with a complaint/ticket no. which can used to track the status of the grievance
*Redress or closure to a grievance might take around one month from the date of
receipt of complaint
FORCE MAJEURE
The Company shall not be liable for
any damages whatsoever arising out of force majeure or other similar
circumstances, directly or indirectly affecting the Company and/or the
Platform. Examples of force majeure events include without limitation act of God
(such as, but not limited to, fires, explosions, earthquakes, drought, tidal
waves and floods); war, hostilities (whether war be declared or not), invasion,
act of foreign enemies, mobilisation, requisition, or embargo; rebellion,
revolution, insurrection, or military or usurped power, or civil war;
contamination by radio-activity from any nuclear fuel, or from any nuclear
waste from the combustion of nuclear fuel, radio-active toxic explosive, or
other hazardous properties of any explosive nuclear assembly or nuclear
component of such assembly; riot, commotion, strikes, go slows, lock outs or
disorder, unless solely restricted to employees of the Supplier or of his
Subcontractors; acts or threats of terrorism; Spread of disease due to virus or
otherwise and transmittable from one human being to another; or compulsory
Lockdown by the Central, State government or Administrative Authorities;
provisions or limitations of materials or resources, inability to obtain the
relevant authorization, accident, and defect in electricity or
telecommunication network. Force majeure or other events beyond the Company’s
control. Hindrance, delay or complication in the maintenance of the Platform
entitles the Company to suspend or limit the Platform until further notice.
SEVERABILITY
In the event any provision of these
Terms, Policies or the is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms, such determination shall not affect the validity and
enforceability of any other remaining provisions.
POLICIES
Policies related to returns/
exchanges, penalties, refunds, cancellation will be updated in the Platform
from time to time. The Company holds the right to change these policies as
required in the Platform without any permission from the Users/customers.