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Terms of Use

These Terms and Conditions (the "Terms"/ "Terms of Use") shall apply to each user who wishes to use www.Helioscartcart.com (the “Website”). These Terms are an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and the rules framed thereunder, as maybe applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signature.

Each user must comply and adhere to these Terms of Use in order to access and use the Website. Any and all use of this Website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and our Privacy Policy (the "Policy"). It is mandatory for all users of the Website to carefully read, understand and agree the below mentioned Terms before they proceed to use any of the services of the Website. The services are available only to those individuals, firms or companies who can form legally binding contracts under the Indian laws.

 

If you do not agree to these Terms, we request you to exit this page and do not access or use the Website. By using the Website/ Mobile App, you acknowledge and enter into an agreement with us on the terms and conditions specified herein and agree to be bound by the Terms contained in this agreement ("User Agreement")

 

  • Helioscart’ Business:

The Website by the domain name “www.Helioscartcart.com” is owned and managed by Helioscartmedium Bazaar Private Limited (“Helioscart”), a company incorporated under the Companies Act, 2013 and having its registered office at Shop No. 64, Sai Chambers Plot No. 44, Sector 11, CBD Belapur, Navi Mumbai, Thane- 400 614.

 

The Website is an electronic portal especially designed to facilitate the infrastructure project (the “Project”) requirements under one roof. Helioscart aims at providing hassle free, quick and cost effective access to various equipments/material essential for a Project. The Website enables the purchaser/s to verify and match the peculiar technical specifications stipulated for a particular Project and satisfy himself/themselves before effecting the purchase. The Website also facilitates the purchaser or a third party with an option to conduct inspection, if required, of the equipments/materials prior to the delivery of such equipments/materials.  Helioscart strives to ensure that the prices indicated are based on the standard market prices and the general commercial terms and conditions. However, in order to suit the purchaser/s specific requirements, Helioscart shall carve out special commercial terms and conditions which shall be incorporated in the agreement to be executed between the seller and the purchaser/s. It shall be noted that the said special commercial terms and conditions shall prevail over the general commercial terms conditions 

 

  • Definitions

In these Terms of Use the following terms shall have the meaning ascribed to them in the manner provided hereinbelow:

  • “Intellectual Property” shall mean copyrights, rights of privacy and other forms of protected rights and any licenses and permission in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing and shall also mean a ‘copyright’ as defined in the Copyright Act, 1957, ‘trademark’ as defined in the Trade Marks Act, 1999, ‘patent ‘ as defined in the Patents Act, 1970, ‘design’ as defined in the Designs Act, 2000 and ‘geographical indications’ as defined in the  Geographical Indications of Goods (Registration and Protection) Act, 1999.
  • “IT Act” means the Information Technology Act, 2000 and the rules and regulations framed thereunder.
  • “our” “we” “us” and “Helioscart” shall mean Helioscartmedium Bazaar Private Limited.
  • “Policy” means the Privacy Policy of Helioscart.
  • “Terms/Terms of Use” shall mean these Terms and Conditions stipulated herein.
  • Third Party Links” for the purpose of these Terms of Use mean certain links displayed on our Website or Mobile App, if any, provided or posted by third parties.
  • “Website” shall mean Helioscartcart.com.
  • “You” “your” “user” and “users” shall mean and include any business with which you are associated on behalf of which you are using our Website or any individual, who can form a legally binding contracts under the Indian Laws.

 

  • Basic Requirements:

Each user and any material which he/she posts on the Website must comply with the following basic standards:

  • All information and activities must be legal, decent and honest (in terms of the applicable Indian Laws);

 

  • The provisions of the IT Act and other applicable Indian laws must be adhered to while protecting the data in order to ensure that collection of personal information is not traded or disclosed illegally;

 

  • Applicable trading standards and laws and regulations as maybe amended from time to time and notified to the users directly on the Website.

 

  • Specific Responsibilities of users:
    • Each user is solely responsible for the accuracy, legality, currency and compliance of the information provided to Helioscart and shall be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

 

  • When users collaborate with one another as a result of use of this Website, they do so as independent contracting parties. The users acknowledge that Helioscart shall not in any way be construed as a party to such collaboration nor be liable or responsible in any way for the dealings of such collaboration or the parties to such collaboration.

 

  • Responsibilities of Helioscart:

Helioscart permits its users to access, use and interact on the Website subject to the terms and conditions stipulated herein. Helioscart shall ensure to exercise reasonable care In compiling our Website and use reasonable efforts to make our Website available to its users at all times. Helioscart shall take all the requisite steps outlined in the Policy to endeavor to secure any personal data and payment information provided to Helioscart.

 

  • Indemnity and Waiver:
  • You shall indemnify and keep indemnified and hold harmless Helioscart, its successors and assigns, affiliates, subsidiaries, group companies (as maybe applicable) and their respective officers, directors, agents, and employees, from and against any and all claims (including reasonable legal fees), liabilities, damages, losses or demand, or actions made by your representatives, successors or assigns or any third party, resulting in any way from its use of and from any information provided on, the Website or resulting out of breach of this Terms of Use, Policy and any other policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

  • The users waive any rights to bring any claim or action against Helioscart for any loss, damage or injury arising from use of the Website or from these Terms.

 

  • In the event any action arises under this clause, Helioscart may during any such action, bar the user’s access to the Website until such time as Helioscart is certain, in its reasonable opinion, that there is not likely to be a claim under such indemnity or the claim has been resolved.

 

  • Exclusions and Limitations:
    • Helioscart does not warrant the content, accuracy or veracity of any information displayed on the Website, the responsibility for which rests with the users as stated hereinabove.

 

  • The user accepts the Website “as is” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

 

  • In no event shall Helioscart be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any user’s access to or use of the Website, any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if Helioscart has been advised of the possibility of such damages.

 

  • In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability maybe lawfully limited, Helioscart’ aggregate total liability to any user for all such damages and losses shall be limited to the subscription fees, if any, paid by the user suffering loss during the twelve months preceding the event giving rise to the liability.

 

  • Helioscart also does not represent or warrant that:
  • any services (whether or not provided by us) shall be provided with due care and skill; or
  • any goods (whether or not provided by us) shall be of merchantable quality or shall be fit for any purpose (even if that purpose has be previously notified to us.)

 

  • To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
  • any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website;
  • the unavailability of our Website (or any part of it), goods or services;
  • any delay in providing or failure to provide or make available, goods or services, or any negligent provision of goods or services;
  • any goods not being of merchantable quality or fit for their intended purpose; or
  • any misrepresentation on or relating to our website, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).

 

  • Under no circumstances shall Helioscart be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 

 

  • You agree that each of these limitations are reasonable having regard to the nature of our Website and in particular given that when you purchase goods or services through our Website you will enter into a separate contract with the supplier in each case.

 

  • None of the exclusions or limitations in this clause shall exclude or restrict our liability for death or personal injury caused by our negligence.

 

  • None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, shall be limited to the resupply of our Website, goods or services to you.

 

  • Each of the above exclusions or limitations shall be construed as a separate and severable provision of these Terms of Use.

 

  • Intellectual Property Rights:

Helioscart is the sole owner and the lawful licensee of all the rights to Helioscart’ Intellectual Property, the Website and its content. The content on the Website embodies trade secrets and Intellectual Property rights protected under the Copyrights Act, 1957, Trade Mark Act, 1999, Patent Act, 1970 and other applicable laws pertaining to Intellectual Property. The title and ownership of the Intellectual Property shall be vested in Helioscart, its affiliates or licensor’s of the content displayed Website, as the case maybe, at all times.

 

Helioscart respects the intellectual property rights of others, and therefore expects the user(s) to do the same. We believes that the user(s) agree that they shall not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the Website for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Helioscart, or otherwise commercially exploiting the content on the Website. Systematic retrieval of the content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from Helioscart is prohibited.

 

In addition, use of the content for any purpose not expressly permitted in the Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of our services, you agree that you shall not use the our services to infringe the intellectual property rights of others in any way. Helioscart reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of our service, or if we believe that the user(s) conduct is harmful to the interests of Helioscart, its affiliates, or other users, or for any other reason in our sole discretion, with or without cause.

 

  • Copyright:

All rights in the design, text, graphics and other material on our Website and the selection or arrangement thereof are the copyright of Helioscart or other third parties. Helioscart permits to electronically copy and print in hard copy portions of our Website solely in connection with the acquisition of goods or services through our Website. Any other use of materials on our Website (including reproduction for purpose other than those noted above and alteration, modification, distribution or republication) without our prior written permission of Helioscart is strictly prohibited.

 

You hereby grant in our favour a perpetual, royalty-free, irrevocable license to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post on our Website (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.

 

  • Trademark:

"Helioscartcart" and related icons and logos are registered trademarks or trademarks or service marks of Helioscart in various jurisdictions and are protected under Copyrights Act, 1957, Trade Mark Act, 1999, Patent Act, 1970 and other applicable proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

 

All other trademark, product names and company names or logos used on our Website are our property or that of their respective owners. No permission is granted by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s right.

 

  • Link to third-party websites:

Certain links, including hypertext links to web sites operated by other entities are provided on the Website. If the user uses these sites, the user shall be taken outside our Website. The links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or its content. The user acknowledges and agrees that Helioscart does not have any control over the content of such websites and/or any information, resources or materials provided therein.

 

If the user decides to visit any linked site, the user does so at its own risk and it is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements. Helioscart advises its users to read the terms and conditions of use and/or privacy policies applicable in respect of such third party websites prior to using or accessing such third party websites. Helioscart shall not be responsible for the content of any website outside the Website. It shall be the sole responsibility of the user to take all protective measures to guard itself against viruses or other destructive elements. Such links to third party websites does not imply that Helioscart sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Helioscart or any of its affiliates or subsidiaries.

 

  • Term and Termination:

The user agrees to remain bound by these Terms of Use (as maybe amended from time to time) for as long as the user continues to use and access the Website provided Helioscart terminates, suspends or otherwise limits access of the user to the Website, as it may deem appropriate. Helioscart reserves the right to terminate access to certain areas or features of the Website to the user at any time without assigning any reason and with or without notice to such user. Helioscart also reserves the universal right to deny access to a particular user to any or all of its services or content without any prior notice or explanation in order to protect the interests of Helioscart and/ or other users of the Website. Helioscart further reserves the right to limit, deny or create different access to the Website and its features with respect to different user or to change any or all of the features of the Website or introduce new features without any prior notice to user.

 

The following provisions specified in these Terms of Use- (i) Specific Responsibilities of the user; (ii) Indemnity and Waiver; (iii) Exclusions and Limitations and (iv) Intellectual Property Rights shall survive termination, cancellation or suspension of access of the user to the Website.

 

  • Data Protection:

You agree that we may collect, store and use information about you in accordance with our Policy. You acknowledge and agree to be bound by the terms of our Policy.

 

  • Notices:

All notices or demands to or upon Helioscart shall be effective if given in writing and shall be deemed to be duly made when sent to Helioscart at Shop No. 64, Sai Chambers Plot No. 44, Sector 11, CBD Belapur, Navi Mumbai, Thane- 400 614.

 

All notices or demands to or upon a user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the user on the Website, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge.

Notice to a user shall be deemed to be received by such user if and when the Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such user, or immediately upon posting such notice on the Website that is publicly accessible without charge.

 

  • Governing Law and Dispute Resolution:

These Terms of Use shall be governed by and constructed in accordance with the laws of India and the Court and Tribunals of Mumbai shall have exclusive jurisdiction to determine any conflict of laws and disputes arising out of or in relation to or in any way connected to these Terms of Use.

 

  • General:
  • In the event that any terms in these Terms of Use are determined to be unenforceable or invalid, such term shall be severed and the remaining terms which shall be enforceable to the fullest extent permitted by the applicable laws.

 

  • These Terms of use represent the entire agreement between the user and Helioscart relating to the subject matter hereof, and supersedes any prior understandings, agreements or arrangements regarding the Website.

 

  • Headings used in these Terms of Use are solely for the purpose of references alone and in no manner do they define, limit, construe or describe the scope or extent of such terms.

 

  • Helioscart shall have the right to assign its obligations and duties in these Terms of Use and in any other agreement relating to any/all of its services to any personal entity.

 

  • All telephonic conversations with Helioscart are completely confidential. However, your call may be recorded to ensure quality of services and training purposes.

 

  • You agree that you shall use our Website only for your internal business purposes and that you shall not exploit our Website or its contents for any commercial purpose.

 

  • Grievance Officer

Mr.Viswanathan Sankaraiyer is the designated Grievance Officer in respect of the products and services provided by Helioscart.  

Any complaints or concerns with regards to any products or services of Helioscart or any breach of these Terms of Use or the Policy can be directed in writing to the designated Grievance Officer at Shop No. 64, Sai Chambers Plot No. 44, Sector 11, CBD Belapur, Navi Mumbai, Thane- 400 614 or through an e-mail signed with the electronic signature send to cto@lptindia.in

 

  • What Information Can I Access?

The Website shall give you access to a broad range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.

 

  • Payment Security

We use a secure server that implements Secure Sockets Layer technology (certified to the standard for encrypted credit card transactions stipulated by BillDesk) to prevent any person from granting access to your credit card or registration information whilst it is on our Website or being transmitted across the Internet.

 

If you discover that goods or services have been ordered from a supplier over our Website using your credit card details in circumstances where you had not agreed to or authorised this, then (provided that you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchase ID or password) our suppliers are required to refund to you the money they receive provided that:

  • you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
  • you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.

 

  • Cookies
  • Cookies are text files placed on the user’s computer to collect standard internet log information and visitor behaviour information. The information is used to track visitor use of the Website and to compile statistical reports on the Website. For further information about cookies visit aboutcookies.org or www.allaboutcookies.org. Most browsers automatically accept cookies, but the user may be able to modify their respective browser settings to decline cookies. Please note that if the user declines or deletes these cookies, some parts of the Website may not function appropriately.

 

  • Helioscart and third parties with whom Helioscart partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information in respect of the user’s use of the Website and track the user’s visits to third party websites. Helioscart shall also use cookies to recognise the user’s browser software and to provide features such as recommendations and personalization. Helioscart has no access to or control over these cookies. These Terms of Use covers the use of cookies by the Website only and does not cover the use of cookies by any third party or advertiser therein. Helioscart advises the user to check the respective privacy policy of third parties or advertisers whose products or services are accessible or advertised through the Website, including social media websites, may also use cookies or similar tools, for information about their cookies and the practices followed by them.

 

  • Variations:

Helioscart reserves the right, at its sole discretion, without notice to revise, change, modify, add or remove any portion of these Terms of Use or the contents of our Website (including the services offered by us) in whole or in part, at any time. Any changes to these Terms of Use shall be effective when notice of such change is posted on our Website.  By continuing to use our Website following any such changes to these Terms of Use you shall signify that you agree to be bound by the revised terms and conditions of use

 

Disclaimer:
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and 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 the website. 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. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Helioscart nor shall Helioscart have any obligations or liabilities in respect of any transactions on the Website.

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