Terms and Conditions

Welcome to HiMo’s Terms of Use

This is a legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of the Website.

 

This Website is created and operated by Muddy Tales (“We”, “Our”, and “Us”). We ensure your steady usage of the Website without any obstructions. This document contains information about the use of the Website https://himo.club/ (hereinafter referred to as the “Website”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Firm or individual apart from the Users and the creator of this website. 

 

GENERAL TERMS 

1. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on you on the usage of the Website.

2. Your use of this Website is solely governed by these Terms and as well as other policies if any that may be uploaded by us on the website and any modifications or amendments made thereto by us from time to time, at its sole discretion. If you as a user continue to access and use this Website, you are agreeing to comply with and be bound by the following terms.

3. You expressly agree and acknowledge that these Terms and the Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

4. You unequivocally agree that these Terms constitute a legally binding agreement between us, and that you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms binding on you and that your act of visiting any part of the Website constitutes your full and final acceptance of these Terms.

5. We reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to you and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, they must stop using the website at once. Your continued use of the website will signify your acceptance of the changed terms.

 

HiMo Overview

We are an online community and marketplace of artisan products. We focus on Tea, Coffee, Patisserie & other Bakery products. We have various product listed in the catalogue (Coffee, tea, bakery, merchandise etc that shall be made available on the website. As a user, you can browse through the catalogue and purchase products available in their geographic area. You can further place an order by making an online payment through our website. Upon the receipt of the payment, we will share order details with the respective merchant for fulfilment. All orders placed through us will be shipped to your address from the facility. Shipment responsibility for an order is dependent on the arrangement between us and the merchant.

Please note that we have a standard refund policy provided by the payment gateway. All payment will be refunded to the source account in 6 - 8 working days. Order cancellation differs from product to product. It depends on product type and merchant. Order cancellation can be initiated only in case if an order has not been shipped. If an order is in transit, then the order cannot be cancelled. Product return policy is only applicable for tampered or damaged goods. Kindly note that three delivery attempts will be made for customers and then the product will ship back to the original source and cancelled automatically. Deducted money will be refunded minus shipping cost.

 

REGISTRATION

Every user of the website need not register on the website in order to make any purchases through the Website. For the purpose of this section, the user shall undertake to provide the following information:

1. Name

2. Mobile No

3. E-mail ID

4. Address (including pin code)

ELIGIBILITY

1. The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and they have the requisite authority to bind themselves to these Terms following the Law. 

2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.

3. The Users may not use the Website if they are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

 

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), is generated/provided by third parties and the website has no control and makes no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website. 

All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.

The Users are solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the Websites and whilst feedback and comments by users can be made via the Website, the Website bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. 

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. Users shall not copy, adapt, and modify any content without the written permission of the Firm.

 

INDEMNITY

The Users of this Website agree to indemnify, defend and hold harmless the Firm/Website, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the user agrees to hold the Firm harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. User’s use of the Website, 

2. User’s violation of these Terms and Conditions. 

3. User’s violation of any rights of another. 

4. User’s alleged improper conduct according to these Terms.

5. User’s conduct in connection with the Website. 

 

The user agrees to fully cooperate in indemnifying the Firm at the user’s expense. The user also agrees not to settle with any party without the consent of the Firm.

In no event shall the Firm be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the user’s use of or access to the Website and/or the services or materials contained therein.

 

LIMITATION OF LIABILITY

1. The Founders/ Promoters/ Partners/ Associated people of the Firm are not responsible for any consequences arising out of the following events:

   1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

   2. If the User has fed incorrect information or data or for any deletion of data.

   3. If there is an undue delay or inability to communicate through email.

   4. If there is any deficiency or defect in the services managed by us.

   5. If there is a failure in the functioning of any other service provided by the Website.

2. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the user, the user’s belongings, or to any third party, resulting from the use or misuse of the Website or any service availed of by the user through the Website. The service and any content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. The Website will not be liable to you for the unavailability or failure of the Website.

3. Users are to comply with all laws applicable to them or their activities, and with all policies, which are hereby incorporated into this Agreement by reference.

4. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

 

TERM

1. These Terms shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Website.

2. You may terminate your use of the Website at any time. 

3. The Firm may terminate these Terms and close any account at any time without notice and/or suspend or terminate your access to the Website at any time and for any reason, 

4. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.

5. It is also hereby declared that the Firm may discontinue the services and websites without any prior notice.

 

TERMINATION

1. The Firm reserves the right, in its sole discretion, to unilaterally terminate your access to the Website, or any portion thereof, at any time, without notice or cause. 

2. The Firm also reserves the universal right to deny access to particular users, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other visitors to the Website. 

3. The Firm reserves the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice. 

4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that you will not have the right to terminate these Terms till the expiry of the same.

 

COMMUNICATION

By using this Website and providing your identity and contact information to the Firm through the Website, you hereby agree and consent to receive calls, e-mails, and SMS from the Firm and/or any of its representatives at any time.

You can report to hello@himo.club if you find any discrepancy with regards to Website or content-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any representatives relating to any services availed by the User on the Website or anything pursuant thereto and the Users agrees to indemnify the Firm from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Privacy Policy.

 

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledge that you are a restricted user of this Website and that you: 

1. Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. The firm is not liable if you have provided incorrect information. 

2. Agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

3. Authorize the Website to use, store or otherwise process certain personal information for the personalization of services, marketing, and promotional purposes and for optimisation of user-related options and services.

4. Understand and agree that, to the fullest extent permissible by law, the Firm and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

5. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Firm. 

6. Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent, or otherwise objectionable. The Firm disclaims any liabilities arising concerning such offensive content on the Website. 

7. The User may report any offensive or objectionable content, which the Firm may then remove from the Website, at its sole discretion.

8. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website)

9. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.

10. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the user, or exploit the Website or information made available or offered by or through the Website, in any manner.

11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites.

12. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (s).

13. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website.

14. Violate any applicable laws, rules, or regulations currently in force within or outside India.

15. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise.

16. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Firm.

Further: 

1. The User hereby expressly authorizes the Firm to disclose all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Firm might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation, or valid governmental request.

2. By indicating your acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. You will prohibit from indicating your acceptance to avail services where the transactions have remained incomplete.

3. You agree to use the services provided by the Firm, its affiliates, consultants, and contracted companies, for lawful purposes only.

4. You agree to provide authentic and true information. The Firm reserves the right to confirm and validate the information and other details provided by the User at any point in time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.

5. You agree not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: 

1. belongs to another person and to which you have no right to.

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever.

3. is in any way harmful to minors.

4. infringes any patent, trademark, copyright, or other proprietary rights.

5. violates any law for the time being in force.

6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing.

7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others.

8. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

9. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

10. 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.

 

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse your usage of the Website, without being required any notice or cause:

1. If you are in breach of any of these Terms or the Privacy Policy.

2. If you have provided wrong, inaccurate, incomplete, or incorrect information.

If your actions may cause any harm, damage or loss to the other users or the Firm, at the sole discretion of the Firm.

 

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Firm or the respective copyright or trademark owner. Furthermore, concerning the Website created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics, and the like, related to the Website.

You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the creators to the Firm or any other user. 

You are further aware that any reproduction or infringement of the intellectual property of the by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. You agree and undertake that you are accessing the Website at your sole risk and are that you are using your best and prudent judgment before availing of any service listed on the Website or accessing/using any information displayed thereon.

2. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. 

3. We do not guarantee that the services contained on the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Website.

It is further agreed that the contents of this section shall survive even after the termination or expiry of the Terms.

 

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms. The said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. You will bear your own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion may direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, Maharashtra, India. 

You expressly agree that these Terms entered between us are governed by the laws, rules, and regulations of India.

 

NOTICES/GRIEVANCES

All communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing hello@himo.club

 

MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

2. Waiver: Our failure at any time to require performance of any provision of these Terms shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms. 

3. Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein. 

4. Contact Us: If you have any questions about these Terms or the Privacy Policy or any other policy, the practices of the Website, or your experience, you can contact us at hello@himo.club.