Terms of Use & Payment Terms

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder 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. This 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 & regulations, privacy policy and Terms of Use for access or usage of a website. Your use of  https://www.hxkart.com (the “Website”) for browsing our offerings and / or for transacting hereon constitutes a binding contract with  Yibeal Tradex Private Limited (“hxkart”) and signifies your agreement to be bound by all of the terms and conditions appearing in this Terms of Use, including the Disclaimer, the Payments, Refunds & Cancellation, Privacy and other policies, which are incorporated herein by reference. If you disagree with any part of these Terms of Use or the other policies incorporated herein by reference, please do not use the Website.

Terms capitalized herein but not defined shall have the same meaning as given in the Payments, Refunds & Cancellations and Privacy Policies or in the Disclaimer contained in this Website.

Nothing contained herein shall be construed to contradict or override anything contained in the Payments, Refunds & Cancellations and Privacy Policies or the Disclaimer contained in this Website. In case there is a contradiction, the interpretation of hxkart shall be final and binding.

Membership, Registration & Eligibility:

Use of the Website constitutes a binding contract between you and hxkart under the Indian Contracts Act 1872. Accordingly, persons who are "incompetent to contract" within the meaning of the said Act, e.g. minors, un-discharged insolvents etc., are not permitted to use the Website or transact on it.

While hxkart allows you to browse the Website without registering as a “User”, transacting hereon shall require you to register. Wherever registration is requested, you agree to provide hxkart with accurate, complete registration information. It shall further be your responsibility to inform hxkart of any changes to that information.

Each registration is for a single person only, unless specifically designated otherwise on the registration page. hxkart does not permit a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You shall be responsible for preventing such unauthorized use and for maintaining the confidentiality of your user identification details and password. You shall also be responsible for all activities that occur under your user identification details and password.

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or hxkart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, hxkart shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

If you believe there has been any unauthorized use through your user identification details and password, you must notify us immediately by emailing us at assist@hyperxchange.com

TERMS OF SALE, PAYMENTS, RETURNS, CANCELLATIONS & REFUNDS

Your use of this Website constitutes your agreement to be subjected to the following Terms of Sale, Payments, Returns, Cancellations & Refunds policy, which shall, together with our Terms of Use and Privacy policies and the Disclaimer contained in this Website, govern the relationship between HyperXchange and you in relation to the Website.

PLEASE READ THIS POLICY CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS / SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THIS POLICY AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IF YOU DISAGREE WITH ANY PART OF THIS POLICY, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

Terms capitalized herein but not defined shall have the same meaning as given in the Terms of Use, the Privacy policy or the Disclaimer contained in this Website.

Nothing contained herein shall be construed to contradict or override anything contained in the Terms of Use, the Privacy policy or the Disclaimer contained in this Website. In case there is a contradiction, the interpretation of HyperXchange shall be final and binding.

Terms of Sale

These terms of offer for sale ("Terms of Offer For Sale") between HyperXchange and you, i.e. the user of the Website, describe, inter alia, the terms of offer for sale and purchase of goods and services on the Website pursuant to payment of the consideration through internet-enabled e-banking, credit / debit cards, mobile wallets, cash on delivery, redemption of gift vouchers / coupons ("Voucher/s") made available on the Website or otherwise.

The Website is a platform through which HyperXchange makes available and facilitates the online sale and purchase of a variety of repaired, refurbished and re-boxed, pre=owned electronic gadgets ("Products") at an agreed price to you. The Products are offered to you through various modes which shall include but not be limited to, cash on delivery, payment through internet-enabled e-banking, credit / debit cards, sale of Vouchers that can be redeemed for various Products, etc. Purchase of such Products will be subject to the Terms of Sale, the other policies contained in the Website and such other additional terms, if any, as may be specified by HyperXchange in this regard. HyperXchange is the seller of the Products on the Website and will be solely responsible to you for the Products sold (subject to the other terms and conditions applicable to your use of this Website) or for redemption of any Voucher purchased by you through the Website.

You acknowledge that HyperXchange has the right to change or discontinue any Product at any time, without notice. you further acknowledge that HyperXchange may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that HyperXchange may make to the Products. you agree that HyperXchange shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Products.

HyperXchange offers shipping for all the Products on the Website as per the company's policy, which may be changed by HyperXchange without any notice to you. Octroi charges, wherever applicable, is borne and paid by HyperXchange and not by you. However, you are responsible for and agree to bear any and all applicable taxes, charges, cesses etc. levied by a competent authority.

Any discounts offered to you by HyperXchange shall not be exempted from tax, and you shall be liable to pay the applicable taxes on the discount amount. The exact discount you will be getting is the discount amount, minus the taxes which are applicable.

All the Products are governed both by the terms of warranties provided by the respective manufacturer / brands as well as the terms of warranty provided by HyperXchange. The warranty applicable to a Product and exclusions thereto shall be specifically mentioned under the Product details.

HyperXchange may make available to you Vouchers of a specific monetary value, either for sale or as a gift, which can be redeemed while purchasing Products on the Website. Purchase and / or redemption of such Vouchers shall be subject to this policy and such other terms, if any, as may be specified by HyperXchange.

Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, you shall use it accordingly. Unless otherwise stated, you will not be entitled to receive any credit or cash-back for the value of the Voucher you don't redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued may be specific to a selected Product. In such case, such Voucher cannot be used for the purchase of any other Product offered on the Website and cannot be combined with other special offers or promotions that may be made available on the Website.

On making payment for a saleable Voucher through any mode, including cash on delivery (if available), you will be issued a Voucher which must either be presented on the Website or to the designated physical stores of HyperXchange, pursuant to which you can complete your purchase of the relevant Product or avail of the relevant service from HyperXchange. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise.

Vouchers once sold / gifted are non-refundable, whether you use it or not. Only one Voucher is allowed per transaction.

You agree that HyperXchange shall not be liable in the event you lose, misplace or destroy your Voucher at any time.

You should take all responsibility for your own actions in utilizing the Products purchased by you and HyperXchange shall not be liable for any such action.

You represent that you are of legal age to form a binding contract with HyperXchange and are not a person barred from purchasing goods or receiving services under the laws as applicable in India.

You confirm that you shall not hold HyperXchange responsible for non-delivery of any Product purchased by you due to any deficiency in the performance of your obligations, including but not limited to non=payment of the complete consideration as agreed and payable towards the Products purchased from the Website.

Pricing Information:

The price of the Products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those Products. The MRP and other statutory declarations shall be mentioned on the Products and/or on its packaging in accordance with applicable laws.

HyperXchange strives to provide you with the best prices possible on Products you buy or avail of from the Website. However, HyperXchange does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.

While HyperXchange strives to provide accurate Products, services and pricing information, typographical and other errors may occur. In the event that a Product or service is listed at an incorrect price or with incorrect information due to an error in pricing or Product or service information, HyperXchange may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. HyperXchange will have the right to modify the price of the Product or service and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If HyperXchange cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.

HyperXchange does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to HyperXchange.

Shipping & Delivery:

Your shipping address, PIN code will be verified with the database of HyperXchange before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner's delivery list. In case the area you require the Products shipped to or services delivered in is not covered by HyperXchange, HyperXchange shall not be responsible for the non-delivery of the Product or the service.

HyperXchange doesn't deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.

In case you book multiple Products in one transaction, HyperXchange would endeavour to ship all the Products together. However, this may not always be possible due to some Product characteristics and/ or logistics issues.

If you purchase multiple Products in a single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.

While HyperXchange shall make every effort to ship your purchases to you without any extra charges, you agree and understand that this might not always be possible. In case shipping charges are applicable to a particular Product / service delivery area, you agree and undertake to pay the same.

Replacement, Returns & Refunds:

In the event HyperXchange has delivered a:
1. Wrong Product (Colour & Model)
2. Dead Product (Product totally not working)
3. Damaged Product (Physically damaged)
you are required to get in touch with HyperXchange about such wrong, dead or damaged Product within twenty-four (24) hours from the delivery date accompanied with images of the product & product box, by writing to assist@hyperxchange.com

In the event a Product you purchased from the Website is not performing to the committed standards, you are required to get in touch with HyperXchange about such faulty performance well within the warranty period and within three (3) days of the fault having arisen, by writing to assist@hyperxchange.com
Note: When contacting us, you must quote your Web Order Number that you received when placing the original order.

Upon receiving your complaint, HyperXchange shall get in touch with you to verify the authenticity and the nature of the complaint and if HyperXchange is convinced that the complaint is genuine, HyperXchange shall arrange reverse pick up of your Product and will inform you of the pickup location & time. In the unlikely event that we are not able to arrange a reverse pickup at your location, we will intimate you and request you to ship the product to us at a designated address. A courier charge of a maximum of Rs. 200 only would be reimbursed to you by us. Your complaint shall be logged when we receive the Product in a completely unused state, and accompanied with all the accessories.

HyperXchange shall first attempt to repair the Product at no cost to you, failing which HyperXchange shall replace the Product at no further cost to you. We shall process a refund for your order only if we are not able to arrange a replacement.

No request for return or replacement of a Product shall be entertained if the warranty period for the Product has expired.

Refunds, if initiated, shall be completed within seven (7) business days of being initiated and shall be processed to the credit card / debit card / bank account / mobile wallet from which the transaction was made.

You understand and agree that in the event of frivolous and baseless complaints regarding the quality and content of the Products, HyperXchange reserves the right to take necessary legal actions against you and you will be solely liable for all costs incurred by HyperXchange in this regard.

Before accepting shipment of any Product, kindly ensure that the Product's packaging is not damaged.

Cancellation Policy:

You will be eligible to cancel your order on the Website at no cost within twenty-four (24) hours of placing it. If you cancel an order after twenty-four (24) hours but before forty-eight (48) hours have passed from the time you placing the order with us, a cancellation charge of Rs zero only shall apply. An order cannot be cancelled after forty-eight (48) hours of its placement.

If the Product has been delivered and you have accepted the shipment, then the above policies of Replacement, Returns and Refunds shall apply.

Though we intend to fulfil all our orders, in events beyond our control we might choose to cancel some orders. These are extreme cases and do not generally happen. In such a case you will be immediately informed.

Available Payment Methods - Credit Card & Other Details

HyperXchange may from time to time contract with third party payment service providers, including banks, to open nodal bank account under applicable Indian laws, to facilitate collection and receipt of the Product cost and other applicable amounts from you. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or e-wallets or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Currently, payments may be remitted by you through internet banking, IMPS, debit cards / credit cards (Visa, MasterCard and American Express) via RazorPay and Paytm Wallet only.

In case you are paying for the Products / services with your credit or debit card, details of the same will have to be provided to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit / debit card details to the approved payment gateway. You shall not use a credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. you will be solely responsible for the security and confidentiality of your credit / debit card details. HyperXchange expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.

Charges:

Membership on the Website is free. hxkart does not charge any fee for browsing and buying on the Website. However, hxkart reserves the right to charge shipping costs, insurance costs, etc. as may be applicable. hxkart may also revise its fees from time to time. hxkart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, hxkart reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services. Revisions to the fees shall be posted on the Website and shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to hxkart.

Platform for Limited Sale Transactions:

The Website is a platform through which hxkart offers to sell used gadgets to the Users. However, hxkart is not and cannot be a party to or control in any manner any transaction between you and other Users of the Website.

All commercial / contractual terms, including without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services, are offered on each individual product page.

Your placement of an order on the Website is an offer to accept such commercial / contractual terms to buy the product(s) in the order and it shall not be construed as hxkart's acceptance of your offer to buy the product(s) ordered. hxkart retains the right to cancel any such order placed by you, at its sole discretion and you shall be intimated of the same by way of an email / SMS. Any transaction price paid by you in case of such cancellation by hxkart, shall be refunded to you.

Further, hxkart may cancel an order wherein the quantities ordered exceed typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds typical individual consumption. What comprises typical individual consumption quantity limit shall be based on various factors and at the sole discretion of hxkart and may vary from product to product.

hxkart provides a limited Warranty as to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Website, the inclusions and exclusions of which are further specified in the Warranty policy. hxkart does not implicitly or explicitly support or endorse products of any particular brand, manufacturer, make or model on the Website. hxkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by hxkart be incorrectly reflected and in such an event hxkart may cancel such order(s) of yours.

You release and indemnify hxkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the other Users of the Website and specifically waive any claims that you may have in this regard under any applicable law.

Notwithstanding its reasonable efforts in this regard, hxkart cannot take responsibility nor control the information provided by other Users which is made available on the Website. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate or deceptive. Please use caution and practice safe trading when using the Website.

Advertisement and Sponsorship:

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. hxkart does not check the accuracy of such materials provided, and shall not be responsible for the illegality of or any error or inaccuracy in the advertisers' or sponsors’ materials. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. hxkart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Profanity Policy:

hxkart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, reviews on User pages and all other areas of the Website that another User may view.

Please report any violations of this policy to the correct area for review:

 

• Report offensive User Names to assist@hyperxchange.com
• Report offensive language in a listing, review or otherwise to assist@hyperxchange.com

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

hxkart will consider the circumstances of an alleged policy violation and the User's trading records before taking action.

Violations of this policy may result in a range of actions, including:

 

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.

Communications:

When you use the Website 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.

Prohibited Activities:

You hereby agree and acknowledge that commission of any of the following prohibited activities constitutes a material breach of the Terms of Use:

• Using the Website for any purpose in violation of any law in force in any jurisdiction across the world;
• Providing false or misleading information on the user-registration form or impersonating any person;
• Posting material that is in violation of the intellectual property rights of others or of the privacy or publicity rights of others;
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other materials that are inflammatory, unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity, as determined by hxkart in its sole discretion;
• Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, but not being limited to, junk mail, spam, chain letters or any unsolicited mass distribution of e-mail;
• Posting surveys, contests or pyramid schemes;
• Posting improper questions or answers that are not related to the particular topic;
• Posting information containing restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that harms or induces others to harm minors in any way;
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that 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.
• Posting or transmitting any information, data, text, files, links, software, chat, communication or any other material that, directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
• Stalking, harassing or otherwise harming others;
• Distributing software viruses, computer code, corrupted files or any other similar files, software or programs designed to interrupt, damage, destroy, or that may have the possibility to limit the functionality of, or cause harm in any manner to, the operation of another’s computer; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• Collecting or storing personal data about other Users of the Website;
• Inducing, enticing, soliciting, recruiting, luring or attempting to induce, entice, solicit, recruit or lure users or members to another website which, according to hxkart, is a competitor of hxkart;
• Soliciting gambling or engaging in any gambling activity which hxkart, in its sole discretion, believes is or could be construed as being illegal;
• Doing or causing anything to be done to insert / upload any virus, corrupted files or any other similar software, malware, adware, spyware or any other programs that may have the ability to damage or harm or affect the operation of the Website or our servers in any manner;
• Using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
• Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
• Probing, scanning or testing the vulnerability of the Website or any network connected to the Website or breaching the security or authentication measures on the Website or any network connected to the Website;
• Reverse looking-up, tracing or seeking to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
• Making any negative, denigrating or defamatory statement(s) or comment(s) about hxkart, or the brand name or domain name used by hxkart, including the terms hxkart, Yibeal, hxkart.com, or otherwise engaging in any conduct or action that might tarnish the image or reputation of hxkart or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by hxkart.
• Engaging in any activity that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or hxkart's systems or networks, or any systems or networks connected to hxkart;
• Engaging in any other conduct that inhibits any other person from using or enjoying the services provided by us on the Website;
• Engaging in any other behaviour deemed unacceptable by hxkart in its sole discretion, on the Website.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of the Website, purchase and solicitation of offers to purchase products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Solely to enable hxkart to use the information you supply us with, so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in out sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

hxkart reserves the right, but has no obligation, to monitor the materials posted on the Website. hxkart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that the content posted on the Website does not necessarily reflect hxkart views. In no event shall hxkart assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website, subject to the limited warranty provided by hxkart as per the Warranty policy. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

No Solicitation:

In no event may any person or entity solicit any Users with data retrieved from this Website.

Unlawful Activity:

hxkart reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem fit and proper including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Further, any unauthorized use of this Website may give rise to a claim for damages and/or be considered a criminal offence.

Remedies for Violations:

hxkart reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access for a particular user / from a particular IP address to our Website and its features.

Severability of Provisions:

These Terms of Use incorporate by reference any notices contained on the Website, including but not limited to the Payments, Refunds & Cancellation and Privacy policies, constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by a competent court of law, then the impugned provision shall be deemed severable from the remaining provisions and shall not affect the enforceability and validity of the remaining provisions.

Indemnity:

You agree and acknowledge that you shall defend, indemnify, protect and hold free hxkart, its subsidiaries, affiliates, teams, members, officers, directors, employees, agents, licensors, suppliers and other partners from and against all claims, actions or demands, loss, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your usage of the Website or resulting from, or alleged to result from, such usage in violation of the Terms of Use or of any laws for the time being in force.

Termination, Suspension, Limitation of Your Account:

hxkart may, without prior notice, immediately terminate, limit your access to or suspend your account registered with us, any associated e-mail address and access to the Website. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated guidelines, (b) requests by any competent law enforcement or other government agencies, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, and/or (e) engagement by you in fraudulent or illegal activities. You further agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated e-mail address or access to our Website. Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Website, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof) and (c) barring of further use of all or part of our Website.

Modifications to Terms of Use:

hxkart reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and shall be effective immediately. hxkart may send a communication to you intimating you of any changes; however it shall not be mandatory for hxkart to do so. You are responsible for regularly reviewing the Terms of Use, and non-communication of the revisions by hxkart shall not constitute a valid ground for non-acceptance of the revised Terms of Use. Continued use of the Website after any such changes appear on the Website shall constitute your consent to such changes.

Alternate Dispute Resolution:

It is expressly agreed to and acknowledged by you that any dispute arising out of your use of the Website between you and hxkart shall be resolved through a three-step Alternate Dispute Resolution (“ADR”) mechanism.

 

1. Mutual Discussion: The parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both parties. In the event that the parties are unable to reach such an amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other party, the dispute will be resolved by mediation, as detailed herein below.
2. Mediation: In the event the parties are unable to amicably resolve the dispute by mutual discussion, said dispute will be referred to mediation to an impartial third person (the ‘Mediator’), to be jointly appointed by you and hxkart. The said Mediator shall attempt to establish a dialogue between the parties, and mediate the dispute to the satisfaction of both parties. In the event the parties are unable to reach such a mutually acceptable solution even through mediation, then after thirty (30) days of the commencement of the mediation, the dispute shall be referred to arbitration, as detailed herein below.
3. Arbitration: In the event that the parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator, to be appointed by hxkart, and the award passed by such sole arbitrator will be valid and binding on both parties. The parties shall bear their own costs for the proceedings. The arbitration shall be conducted in English, and the seat of arbitration shall be the city of Kolkata in the state of West Bengal, India.

It is hereby agreed and acknowledged by both you and hxkart that no proceedings shall be instituted in any court of law by either party before the above three steps of ADR have been exhausted but no mutually acceptable solution has been reached.

Applicability of Law, Jurisdiction and Limitation:

hxkart and your use of the Website are governed by the laws prevailing in India. Your use of the Website indicates your consent to the exclusive jurisdiction of the appropriate courts in Kolkata, West Bengal in all disputes arising out of or relating to this Agreement, in the event ADR fails. By your acceptance of the Terms of Use, you hereby waive all defenses of lack of jurisdiction, venue or forum non-convenience. Maintenance of the Website by hxkart is subject to existing laws and legal processes applicable to the same in India, and hxkart may comply with law enforcement or regulatory requests or requirements notwithstanding any term contrary to the Terms of Use, or any other terms, conditions or guidelines appearing in the Website and/or incorporated herein by reference. Any cause of action or claim that you may bring in connection with the Website, including without limitation any Content, must be commenced within the applicable time limits set by the existing laws in India after the claim or cause of action arises, otherwise such claim or cause of action shall be deemed to be barred by way of limitation. In any dispute between you and hxkart relating to this Website, you shall not be entitled to any attorneys’ fees, costs and associated expenses.

• Payment Terms

These Terms of Use of the website located at the URL www.hxkart.com and mobile application under the name hyperXchange and style “HX” (“the Website”) is between Yibeal Tradex Private Limited (“Company”) and the guest users or registered users of the Website (“You” or “Your” or “User”). These Terms of Use available at https://www.hxkart.com/terms-of-use, the Terms of Sale available at https://www.hxkart.com/terms-of-sale, the Privacy Policy available at https://www.hxkart.com/privacy-policy, the other policies of the Website available at https://www.hxkart.com/shipping-policy and https://www.hxkart.com/return.com together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively, “Agreement(s)”) constitute the agreement upon which You are allowed/permitted to access and use the Website, purchase the products so offered (“Products”) and/or avail of the services so offered as also such other services as are incidental and ancillary thereto as specified on the Website (“Services”).

 

The Company will make certain sections of the Services available to You through the Website only if You have provided the Company certain required user information and created an account (“Account”).

 

You shall be responsible for maintaining the confidentiality and security of the Account and the Account information, and You are and shall remain fully responsible for all activities that occur under and/or in Your Account. You agree to: (a) immediately notify the Company of any unauthorized use of Your Account and/or Your Account information and/or of any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot, will not and shall not be liable for any loss or damage arising from Your failure to comply with this section. You shall be liable for all losses, damages etc. suffered/incurred by and/or claims, demands etc. made on the Company and/or any other user of and/or visitor to/of the Website due to authorized or unauthorized use of Your Account as a result of Your failure in inter alia keeping Your Account and/or Your Account information secure and confidential.

You shall ensure that the Account information provided by You in the registration form on the Website is complete, accurate and up-to-date. The use of another user’s Account and/or Account information for purchasing the Products and/or availing the Services is expressly prohibited.

If You provide any information which is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) and/or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account without any notice to You, and further refuse any and all current or future use of the Website / Services (or any portion thereof).

 

All payments made against the Products/Services shall compulsorily be made by You in Indian Rupees acceptable in the Republic of India. The Company does not and will not accept any other form of currency with respect to and/or to facilitate any transaction. Before shipping Your order to You, the Company may request You to provide supporting documents (including but not limited to Indian Government 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 the users of the Company.

 

The Company may from time to time contract with third party payment service providers including banks to open nodal bank account(s) under applicable Indian laws, to facilitate payment. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be, for payment or supporting the same in any manner. Currently, payments can be remitted by You through internet banking, IMPS, debit cards/credit cards (Visa, MasterCard and American Express) via RazorPay and Paytm Wallet only.

 

The Company may have existing arrangements with its bank(s), regarding limits on the amounts You can pay in the course of a single transaction. The Company shall be under no liability whatsoever in respect of any loss or damage, arising directly or indirectly out of the decline of authorization for any transaction on account of Your having exceeded the preset limit mutually agreed by the Company with its bank(s) from time to time.

 

You agree to provide correct, accurate and current financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for purchasing the Products and/or availing the Services on the Website and you shall be liable to keep updating the same. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy of the Company. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account or net banking details or UPI ID.

 

The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to ‘prove it otherwise’ shall be exclusively on You.  

 

While availing any of the payment method(s) offered by the Company, the Company is not and shall not be responsible or take any liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You out of the decline inter alia due to:

 

1. lack of authorization for any transaction(s); or
2. exceeding the preset limit mutually agreed by and between You and Your bank(s); or
3. any payment issues arising out of the transaction; or
4. decline of transaction for any other reason(s).

 

The Company reserves the right to amend and modify the terms of the fees, payment and billing without any prior intimation to You at the sole discretion of the Company. The Company maintains a standard payment method and You agree to accept it at the time of making the payment. Furthermore, You represent and warrant that You are authorized to use the designated payment method and authorize the Company (or the third-party payment processor of the Company) to charge your payment method for the total amount of your purchase/transaction (including any applicable taxes and other charges). Your order/Service may be suspended or cancelled if the payment method is either not verified, or is invalid. In the event of any dispute pertaining to the payments made by You, the Company shall not be liable for any such dispute the Company and shall endeavor to pass it to the payment gateway provider for resolution.

 

Further, while the Company does not store credit/debit card numbers, CVV/ security code, pin for 3D Secure and expiry date on any of its servers and only collects it in a session while making a transaction, the said information may however be stored by risk management/fraud management systems of banks/payment gateways with authority to do so.

 

For making payments for buying the Products and/or availing the Services on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to/on You provided that in the event of any conflict/inconsistency between the terms and conditions of and/or stipulated in the Agreement(s) and those stipulated by Your bank, applicable financial institution and/or card issuing association, the terms and conditions recorded in the Agreement(s) shall prevail. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products and/or availing the Services on the Website, and the Company does not control the same and thus shall not be liable for the same.

 

The Company reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by the Company as per certain criteria. An order can be classified by the Company as ‘Bulk Order’ if it meets certain criteria adopted by the Company for the purpose of identifying ‘Bulk Order’ at its sole and absolute discretion, including but not limited to:

1. 
   Multiple orders placed for the same Product including but not limited to at the same address;
2. 
   Bulk quantity of the same Product ordered;
3. 
   Invalid address given in the order details; or
4. 
   Any malpractice used to place the order.

 

Any rewards or benefits provided by the Company and used by You for placing the ‘Bulk Order’ will not be refunded.

 

Additionally, the Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from an individual valid credit/debit/cash card/valid bank account and/or such other infrastructure and/or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India and being used by/acceptable to the Company to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and the Company reserves the right to refuse to process transactions exceeding such limit.

 

The Company further reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of the Agreement(s) or breach/violation of any law or breach of any policy.

 

The Company may implement and carry out such checks as it deems fit before approving any transaction including cash on delivery transactions for security or other reasons at the discretion of the Company, but which shall not in any event discharge or absolve the User from/of all liability, responsibility etc. in respect of the subject transaction, which shall at all times vest and continue to vest in and with the User. As a result of such checks if the Company is not satisfied with the creditability of the User or genuineness of the transaction or other reasons at its sole discretion, the Company shall have the right to reject such transaction without being obliged to assign any reason for the same. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain Account Users, at the sole discretion of the Company.

 

The Company will process the transaction/order placed by You only after satisfactory receipt by the Company of the payment in lieu thereof.

 

The Company may delay notifying the payment confirmation and/or the delivery of the Product/Services, if the Companydeems anything to be suspicious. In addition, the Company may disclose the Account information and/or remit the transaction price to law enforcement officials (instead of refunding the same to the User) at the request of law enforcement officials or in the event the Company has reason to believe that the User may be engaged in any form of illegal activity.

 

The User acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a Transaction including that which is beyond the control of the Company.

 

As required by applicable law, if the User makes a purchase of an amount equal to or above INR 2,00,000.00, then within 4 days of making the purchase, the User shall be obliged to and shall email a scanned true self attested copy of his/her PAN card to the designated email address of the Company, presently being [assist@hyperxchange.com], failing which, the purchase made by the User will be cancelled. The requirement to submit the PAN card arises only once, and if the same has been submitted once by the User, it need not be submitted again. The order of the User shall stand cancelled if there is any discrepancy between the name of the User and the name on the PAN Card.

 

You agree and unconditionally undertake to comply with all the applicable laws including without limitation, applicable commercial laws, the rules, notifications, guidelines, circulars etc. issued from time to time by the Reserve Bank of India, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, each as modified/amended/re-enacted from time to time. The User shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and the business of the User, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall at the sole cost and risk of such User.   

 

If the Company has any suspicion or knowledge that any User is involved in any activity that is intended to provide information that is false or not genuine or incomplete or misleading, the Company may also, while reserving its rights to initiate civil and/or criminal proceedings against the User, at its sole discretion, suspend, block, restrict, cancel the Account of the User and/or disqualify the User and any related Users. A User who has been blocked for any suspicious or fraudulent activity on the Company will not be allowed to purchase/return/replace the Products and/or avail of any Services. The Company reserves the right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claim.

 

The Company reserves the right not to issue a tax invoice or not to issue a credit note against an already issued tax invoice to cancel the transaction, if any fraudulent activity is identified.

 

The Company shall not be liable for any loss occurring, including negligence arising from the failure of the User to adequately integrate or activate the Account, any fraudulent transactions processed through the User’s payment gateway account, or disruptions experienced in the transactions including DDOS attacks, software virus, Trojans, worms, bombs or any other unscrupulous means or the limitation of any hardware used to process the payment request. Furthermore, the User acknowledge that such transactions are network-based services, which are often subject to outrages, interruptions and delays, and the Company does not assume any liability in respect thereof.

 

The Company makes no representation of any kind, express or implied, as to the operation of the payment gateway. The User expressly agrees that his/ her use of the aforesaid online payment service is entirely at the sole and exclusive risk and responsibility of the User.

 

The Company shall not be and hence shall not be held liable in any cases of identity theft.

 

There may be certain orders that the Company is unable to process including without limitation on account of non-availability of the Website service, force majeure, credit limitations, suspected fraud, limitations on quantities available for purchase, inaccuracies or errors in the Products or pricing information amongst others, and the Company disclaims any and all responsibility in respect of/arising therefrom, whether directly or indirectly.

 

The Company reserves the right to refuse or cancel any order for any reason and/or without assigning any reason at its sole discretion and without any liability, which shall bind the User, who shall not be entitled to contend or claim to the contrary.  

 

The Company may also ask for additional verifications or information before accepting any order. If any order is cancelled after Your credit card has been charged, the said amount will be added to the “Cash Refund” section of Your Account. You agree and confirm not to dispute the decision made by the Company, and shall be bound by such decision without any dissent and demur.

 

In case of fraudulent use of the Website, The Company reserves the right to recover the cost of goods, collection charges and lawyers fees amongst others from You as also the person(s) concerned jointly and severally. The Company reserves the right to initiate legal proceedings against You and/or such person(s) for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions and/or the Agreement(s).

 

You agree that You are solely responsible to the Company and/or to any third party for any breach of Your obligations under these Terms of Use and/or the other Agreement(s) and for the consequences (including any loss or damage which the Company and/or its affiliates and/or its vendors may suffer) for any such breach.