These Terms of Use (“Terms/Agreement”) govern the access or use by you, an individual or an entity, with the Services (the “Services”) made available by Hivex Innovation Private Limited, a private limited company established in India, having its registered office at Aragi No: 929, Deokali,Jaunpur– 222142, Uttarpradesh, India, (“Hivex”).
By downloading the Hivex Application (the “Application”), accessing and/or using Hivex website The “Website” and other platforms owned by www.hivex.in you agree that You have read, understood and agreed to be bound by all of the terms and conditions as set forth in the following Agreement. Hivex may change the Terms at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of Hivex platforms will be considered your acceptance of the revised Agreement. If you do not wish to be bound by the Terms laid down in this document (Agreement), please do not make use of the platform/website Doorstep Service, Subscription Plan or the Annual Maintenance Contract (AMC) Plan shall refers to a plan or scheme availed or subscribed by you for obtaining services provided by Hivex.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR WHILE USING THE SERVICES
1. PRIVACY POLICY
Hivex has established a Privacy Policy that explains to users how their personal information is collected and used which can be accessed by visiting Privacy Policy page. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Hivex.
The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy.
2. WARRANTY AND DISCLAIMER
The services provided by Hivex are subjected to all of the Terms set forth on the Website. Hivex does not warrant that:
The Website will be constantly available, or available at all.
The information on the website is complete, true, accurate.
Your opt-out choices will be successfully executed in all cases.
The website is free of defects or errors.
3. LIMIT OF LIABILITY AND INDEMNIFICATION
The downloading and/or use of the application or accessing the Website is entirely at your own risk and in no event shall Hivex be liable (whether under the law of contracts, torts, or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively “damages”) whatsoever arising out of or relating to this Website or Application. Your sole and exclusive remedy for dissatisfaction with the Website or Application is to stop using the Website or Application and cease to avail any services. You agree to defend, indemnify and hold Hivex, and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitations, reasonable legal fees resulting from or alleged to result from your use of Hivex’s Website, Application or services.
4. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All intellectual property to this website including all website material, is protected by copyright, trademark, or patent laws, and is owned exclusively by Hivex. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the website. All trademarks, service marks and trade names are owned, registered and/or licensed by Hivex. Your usage of the Website or Application does not create any right, ownership or any other relation on you, to use the Intellectual property of Hivex.
5. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
If Hivex discovers that You have used its intellectual property or other protected materials in contravention of these Terms, Hivex may bring legal proceedings against you seeking monetary damages and an injunction against You. You could also be ordered to pay legal fees and costs. If you become aware of any use of Hivex’s intellectual property that contravenes or may contravene the Terms above, immediately report this by email to info@hivex.in HIVEX INNOVATION PRIVATE LIMITED, Aragi No: 929, Deokali,Jaunpur– 222142, Uttarpradesh, India, in care of its Legal Department.
6. REFUND AND CANCELLATION
For payments made via Credit Card, Debit Card, Net Banking, or Wallet you will receive the refund into the source account from 5-7 working days from the time of order cancellation. If payment was made by Redeeming any mobile wallet balance then, the refund will be instant post order cancellation, which can be later transferred into your bank account, by contacting the customer support team..
7. LEGAL COMPLIANCE
You and Hivex will each comply with all laws, rules and regulations, if any, applicable in connection with the performance of their respective obligations under this Agreement.
8. UNENFORCEABLE PROVISIONS
If any provision of this Agreement is or is found to be unenforceable under applicable law that will not affect the enforceability of the other provisions of this Agreement.
9. GOVERNING LAW; ARBITRATION
There are mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided (any “Dispute”). You agree and acknowledge that you must raise any Dispute with the services or the services provided is practicable, but no later than 30 days from the date of the Dispute arises. If you fail to raise a Dispute within 30 days from the initial occurrence of such Dispute, Hivex shall be under no obligation to resolve such Dispute.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws.
In the event of a Dispute, both parties shall pursue final and binding arbitration and the venue of the arbitration shall be Prayagraj, Uttarpradesh Any proceedings, including documents and briefs submitted by the parties, , and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms
10. FORCE MAJEURE
Any delay in or failure of performance by Hivex under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, Act of God, outbreak of diseases, power outages, failures of the internet, failures of banking or any other unforeseeable event.
11. NOTICE
Hivex may give notice by means of a general notice on the services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to Hivex by written communication to Hivex’s address at Aragi No: 929, Deokali,Jaunpur– 222142, Uttarpradesh, India.
13. GENERAL
You may not assign or transfer these Terms in whole or in part without Hivex’s prior written approval. You give your approval to Hivex for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Hivex’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between You, Hivex or any service provider as a result of the contract between You and Hivex or use of the Services.