1. General
Under the Information Technology Act, 2000, this document constitutes an electronic record. As it is generated by a computer system, it does not require any physical or digital signatures. This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policy, and Terms of Use governing access to and use of HoSaksham.The domain name HoSaksham.com (hereinafter referred to as the "Website") & HoSaksham mobile application across all platforms (hereinafter referred to as the "App") is owned by EAGLEX SAS MAKERS Pvt Ltd (Hereinafter referred to as “Company/HoSaksham”), with its registered office at: 301, Tower-1, Sai Poorna Premier Apts, Parappana Agrhara Main Road, Bengaluru, 560067, Karnataka, INDIA.The use of this Website, App, and any other means by which you access our services is governed by this policy and any referenced policies. By navigating past the homepage, downloading our App, or utilizing any of the services, you acknowledge that you have read and agreed to all applicable policies and are entering into a contractual agreement with the Company, assuming binding obligations under its terms.For the purposes of these Terms of Use, wherever context requires, ‘You’ or ‘User’ refers to any natural or legal person utilizing services made available through the Website and apps across all mobile devices. The terms ‘We’, ‘Us’, ‘Our’ refer to HoSaksham. You are subject to the rules, guidelines, policies, terms, and conditions applicable to any service provided by this Website & App, which are deemed incorporated into these Terms of Use and constitute an integral part thereof.We reserve the exclusive right to modify the Terms of Service without prior permission from you or notification. This imposes on you a duty to periodically review the terms to remain informed of their requirements. Your continued use of the Website or App following such modifications constitutes your consent to the amended policies. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website or App and the services offered therein.By implicitly or explicitly accepting these Terms of Service, you also accept and agree to be bound by other Company Policies, including but not limited to the Privacy Policy, which may be amended periodically.About HoSaksham: HoSaksham offers services enabling online shopping for items such as milk, groceries, and subscriptions like newspapers through our Website, mobile Apps, social media, and SMS. Additionally, we provide a payment facility for users to pay for offered services and products.
2. Membership
The membership of this Website and App is restricted to individuals not categorized under ‘Incompetent to Contract’ as per the Indian Contract Act, 1872, including insolvents. Minors may use the services through their legal guardians, and we retain the right to terminate membership or accounts upon discovering the user’s minor status. If any service requires you to create an account, you must complete the registration process accurately by providing current, complete information as prompted. You are solely responsible for maintaining the confidentiality of your password and account and for all activities occurring under your account. You agree to promptly notify Us of any unauthorized use of your account or any breach of security. We are not liable for any losses resulting from unauthorized use of your password or account, whether known or unknown, but you may be liable for losses incurred by Us or others due to such unauthorized use. You may not use another person’s account without permission.
3. Communications
By using this Website or Apps, you consent to receive calls, messages, and emails at the provided contact information in the future. You may also be contacted by Service Providers with whom we have contracts to fulfill our rights, duties, and obligations under this document and related policies. Sharing of your provided information is governed by the Privacy Policy, and we do not disclose your contact information to unaffiliated third parties.
4. Charges
Membership of this Website and App is currently free, including browsing the site, using the App, and certain services. We reserve the right to amend this no-fee policy and charge for services rendered. In such cases, users will be notified, and you may choose to continue or discontinue using our services. Changes are effective upon posting on the Site or App.
5. Website and App as an Intermediary Platform
The Website and App act as platforms for users to discover and purchase products and services offered by local vendors. We facilitate transactions for products and services, but we are not parties to such transactions and bear no liability arising therefrom.
6. Payment service
While utilizing any available payment method/s on the Website, we assume no responsibility or liability for any loss or damage directly or indirectly incurred by you due to:Lack of transaction authorization,Exceeding mutually agreed transaction limits between you and the ‘Bank/s’,Any payment issues arising from the transaction, orTransaction decline for any other reason/sAll payments made for purchases/services on the Website must be in Indian Rupees acceptable in India. The Website does not facilitate transactions in any other currency for purchases made on the Website.
7. User Obligations
You are a limited user of this Website and App across all devices.
7.1 You agree not to modify, replicate, reverse engineer, publish, create derivative works from, transfer, or sell any software obtained from the Website and App. Unlimited or wholesale reproduction, copying of content for commercial or non-commercial purposes, and unwarranted data and information modification within Website and App content are strictly prohibited.
7.2You agree not to access (or attempt to access) the Website and App, materials, or Services except through the provided interface. Use of deep-links, robots, spiders, or other automatic devices, programs, algorithms, methodologies, or similar manual processes to access, acquire, copy, or monitor any portion of the Website or Content, or to circumvent its navigational structure or presentation, or obtain materials, documents, or information through means not specifically made available through the Website and App is expressly prohibited.
7.3 Where permitted on this Website and App, you agree to ensure any posted or uploaded data/information is not offensive and complies with applicable laws. You further agree not to:Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise infringe upon the legal rights of other users;Disrupt or interfere with access to the Website, App, or Services (or servers and networks connected thereto);Publish, post, disseminate, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially, ethnically objectionable, disparaging, related to money laundering or gambling, or otherwise illegal information; or unlawfully threaten or harass, including through actions that violate the Indecent Representation of Women (Prohibition) Act, 1986;Probe, scan, or test Website or any connected network vulnerability, breach its security or authentication measures, or trace information about any user, visitor, or customer of the Website or App, including any website account not owned by you;Disrupt or harm Website, system resources, accounts, passwords, servers, or networks connected to or accessible via the websites or any linked sites;Use the Website, App, or any material or Content for unlawful or prohibited purposes under these Terms of Use or to solicit illegal activities or actions infringing upon rights of this Website, App, or third parties;Violate any applicable laws or regulations currently in force in or outside India;Violate these Terms of Use or any applicable Additional Terms of the Website or elsewhere;Violate any code of conduct or guidelines applicable to specific Services; or Threaten India’s unity, integrity, defense, security, sovereignty, friendly relations with foreign states, public order, incite offense commission, or insult any nation. We reserve the right (and you authorize us) to disclose any information about you to law enforcement or government officials as we deem necessary or appropriate in connection with investigation and/or resolution of potential crimes, especially those involving personal injury. We maintain the right at all times to disclose information (including identity of persons providing information or materials on the Website and App) as required to satisfy any law, regulation, or valid government request. This may include, without limitation, disclosing information in response to lawful court orders or subpoenas. We are not obligated to monitor materials posted on the Website and App but reserve the right to remove or edit any content that, in our sole discretion, violates or is alleged to violate any applicable law, the spirit or letter of these Terms of Use.
8. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:THE WEBSITE, APP, SERVICES, AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY THIS WEBSITE AND APP ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET, OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE, OR NON-MISLEADING; (III) NOTHING ON THE WEBSITE, APP CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. ALL PRODUCTS SOLD ON THE WEBSITE, APP ARE SUBJECT TO VARIOUS STATE LAWS, AND IF VENDORS CANNOT DELIVER SUCH PRODUCTS DUE TO LOCAL LEGAL IMPLICATIONS, VENDORS WILL REFUND OR CREDIT AMOUNTS (IF ANY) RECEIVED IN ADVANCE FROM THE SALE OF SUCH PRODUCT UNDELIVERED TO YOU; (IV) YOU MUST PROVIDE A VALID PHONE NUMBER WHEN PLACING AN ORDER ON THE WEBSITE, APP. BY REGISTERING YOUR PHONE NUMBER WITH US, YOU CONSENT TO BE CONTACTED BY US VIA PHONE CALLS, SMS NOTIFICATIONS, MOBILE APPLICATIONS, AND/OR ANY OTHER ELECTRONIC COMMUNICATION MODE FOR ORDER, SUBSCRIPTION, SHIPMENT, OR DELIVERY UPDATES. WE DO NOT USE YOUR PERSONAL INFORMATION FOR PROMOTIONAL PHONE CALLS OR SMS.THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE WEBSITE AND APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK, AND THEY SOLELY ASSUME RESPONSIBILITY FOR IT. WE DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS WHILE DISPLAYING INFORMATION RECEIVED FROM TELECOM COMPANIES OR THEIR APIS. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY PRODUCTS OR SERVICES. ANY ADVERTISEMENT ON EMAIL, WEBSITE, APP, OR SMS REGARDING THIRD-PARTY WEBSITES OR PRODUCTS AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY, AND WE BEAR NO LIABILITY FOR SUCH INFORMATION OR YOUR ACTIONS BASED ON SUCH INFORMATION.
9. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THIS WEBSITE AND APP, INCLUDING ITS AFFILIATE VENDORS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS, AND EXPENSES (INCLUDING LEGAL FEES, DISBURSEMENTS, AND INTEREST) ASSERTED AGAINST OR INCURRED BY US ARISING FROM, RESULTING FROM, OR PAYABLE DUE TO ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT, OR AGREEMENT MADE, OR OBLIGATION PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES.IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU, TELECOM COMPANIES, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ARISING FROM ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE, APP, SERVICES, OR CONTENT.THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10. Disputes and Jurisdiction
All disputes, including but not limited to rights, compensation, refunds, and other claims, will be resolved through arbitration by a sole Arbitrator appointed by Us. The arbitration award is final and binding on all parties involved. Arbitration proceedings will be conducted in English and held in Bangalore, Karnataka.If the dispute remains unresolved through this two-step Alternate Dispute Resolution mechanism, it will be referred to the courts in Bangalore, Karnataka.