Parties Introduction
These Terms and Conditions are agreed upon as of today, between You, as an individual/entity residing anywhere in the world and HIGH SEAS WORLDWIDE PRIVATE LIMITED, (HSW) a company incorporated under the laws of the Companies Act 1956, and having its registered office at 6th floor, 601/A, center point ring road, sagarampura, surat, Gujarat, 395001, hereinafter referred to as HSW to govern your engagement with and usage of HSW for ’COMPUTERIZED EMBROIDERY MACHINE & THREADS.’
Introduction of HSW
HSW is a reputed manufacturing company of the product ‘’COMPUTERIZED EMBROIDERY MACHINE& THREADS ‘’
Acceptance of Terms
You shall be considered to have agreed to and accepted the below-given Terms &Conditions just you Sign or use the HSW. ’COMPUTERIZEDEMBROIDERY MACHINE & THREADS ‘’ Ref Email ID: inquiry@hswindia.com
1) Charges
HSW may charge time to time & choose on its sole authority to levy and/or change the various monetary charges for the use of HSW product by you. These charges shall be intimated to you either during the Sign Up/Subscription/Purchase process and/or subsequently by an e-mail, SMS and Whatsapp as and when applicable. You are at liberty not to pay the charges due but you then accept that HSW has the complete and sole right to discontinue your Subscription/membership/usage of HSW and delete/deactivate your account such that all data stored by you in HSW shall be irrevocably lost.
2) Refund Policy
We currently do not allow any Refunds for any reason whatsoever. We would therefore suggest that you pursue the offerings in detail prior to making a purchase or payment.
3) Content
On signing-up/subscribing to HSW, you will be provided with access to various tools, information. All this Content is proprietary and is created either in-house by HSW or legally sourced from a network of willingly contributing giving information. While you may share the information received from HSW your social network, you must always ensure that the branding of HSW is effectively present in the communication and that all due credit is given to HSW for the Content. Any piracy or copying of Content is strictly prohibited and shall be enforced legally.
4) Consent
Since HSW is an application that can be accessed via the Mobile Phone, and various other devices and you are giving your clear consent to HSW to avail of information\data that are access by you at the time of login into the application (like phone storage & caches) as when required, you are also giving your clear consent to receive content as well as promotional offers from HSW and its Partners from time to time on your registered e-mail Id and Registered Mobile Number either by email, Calls, SMS, WAP Pushes, Whatsapp as well as by various other means, which are not mentioned here, regardless of whether you are registered or not or with any other such government/regulatory mechanism/body/platform/service. You agree that you cannot or you will not in any manner whatsoever bring any legal charges against HSW or any of its Partners for any Content or Promotional Offers that may be offered to you or accessed by you from time to time or on the regular intervals.
5) Partners
HSW does not recommend, encourage or suggest any precise service partner. By this, you agree that selection of content from any Partner on HSW is at your sole discretion and is not at all based on any illustrations, recommendations, references or representations or by HSW and is therefore your sole and exclusive responsibility.
6) Personal Information
Any personal information, contact details, email id, feedback data or anything alike, which you send to HSW or its affiliates, will be treated as being a non-confidential and non-proprietary as HSW can use the information given by you as when they required
10) ACCESS
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our App by notifying the same on our App from time to time without prior notice to you.
We will not be liable, if for any reason our App or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our App or our entire App to Users who have registered with us.
By using the Services and completing the registration process, you warrant that
(a) All the data provided by you is accurate and complete;
(b) You shall maintain the accuracy of such information and any changes thereto by regular updating of any such information;
(c) you affirm that you are above 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement;
(d) You are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and
(e) You may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty-four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
You must treat keep password like information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify HSW of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to on email id: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
You are responsible for making all arrangements necessary for you to have access to our App thereby the Services. You are also responsible for ensuring that any persons who access our Website/App/Marketplace and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to HSW for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
HSW reserves the right to refuse access to use the Services offered at the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by HSW from using the Website/App/Marketplace or Services for any reason whatsoever.
11) Indemnification
You agree not to hold HSW and (as applicable) its service partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees, responsible for any claim, entitlement, privilege or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, your violation of any law and rights, contractual or otherwise, of any third party.
• These obligations will survive any termination of the Terms.
• To the fullest extent permissible by law HSW and its Partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees disclaim all possible warranties over the content. HSW makes no guarantees, nor can HSW be responsible for the quality, accuracy, reliability compliance or legality over any of the Content procured by its Partners. HSW is not liable for any kind of damages, injury or loss of any nature whatsoever resulting from Content from its Partners. Further, HSW does not make any warranty that Content will meet your requirements, or that access to the Content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. It is further clarified that any Content downloaded or otherwise obtained through the e-Mail/App/SMS/Whatsapp is used at your own risk and you will be solely responsible for any damage to your mobile, computer system, devices or loss of data that results from the receiving of such content.HSW is a facilitator in providing access to help people, who are interested in dealing with ‘’COMPUTERIZED EMBROIDERY MACHINE & THREADS ‘’
• In no event shall HSW or its Partners undertake any responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the mobile application. You must evaluate with the expert, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
• Additionally, in no event shall HSW or its Partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from
• (1) the use of, or the inability to use, the mobile service ;
(2) Unauthorized access to or alteration of your transmissions or data;
(3) The statements or conduct of any third party on the mobile application;
(4) Any other matter relating to the mobile application HSW. These limitations will apply whether or not HSW has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You shall not be entitled to specific performance of any of the Terms.
12) Copyright & Trademark
The Content of HSW is owned by HSW and its Partners. All rights, title to, and interest in the content available via the HSW Mobile application, Web Site, trademarks, service marks, and trade names displayed on HSW, and the Web Site URLs, are the property of HSW and its Partners, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
13) Acceptance of Terms
• The Terms shall be deemed to have been accepted by you whenever you sign-up/subscribe for or use HSW from any device or platform. By signing up/subscribing, you have confirmed that you are above the age of 18 (eighteen) years and acknowledged that you have Read & Understood Terms completely and agree to abide by the same – on your own behalf and on behalf of your dependents/family.
• HSW reserves the right to modify the Terms from time to time and it shall be your responsibility to keep yourself updated with the Terms. You agree to be bound by such modifications.
• The benefits of HSW are personal to you and you may not assign your rights and obligation under the Terms to any person. You agree that you will use your Plan for your personal benefit or, if applicable, for the benefit of your family members.
• You agree to comply with the applicable local laws, of the territory where you are located and for the use of the Website and HSW does not have a responsibility for any violation of laws by you.
• The Terms shall be governed by the laws of India, and the courts at Surat, Gujarat shall have exclusive jurisdiction over these Terms and all matters in relation hereto. Any dispute between HSW and you relating to the services or any of the Terms shall be referred to binding arbitration to be conducted in English by a sole arbitrator appointed by the Founding Team of HSW at Surat, Gujarat in accordance with the provisions of the Arbitration and Conciliation Act, 1996, whose award shall be final and binding.
14) RIGHTS RESERVED BY HSW
We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
1. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
2. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.
3. While we have no obligation to monitor your access to or your use of the services (or any feature or part of the services), we have the right to do so for the purpose of operating the Website/ App/Marketplace and providing the services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
4. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, HSW may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(a) Satisfy any applicable law, regulation, legal process or governmental request;
(b) Enforce these terms and conditions, including investigation of potential violations hereof;
(c) Detect, prevents, or otherwise addresses fraud, security or technical issues;
(d) Respond to user support requests; or
(e) Protect the rights, property or safety of HSW;
(f) For any research purposes, it’s Users and the public. HSW shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
6. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the App itself.
7. HSW shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
15) CONTENT LICENSE FROM YOU
1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website/App/Marketplace, and you agree that we are only acting as a passive conduct for your online distribution and publication of your User Content. HSW will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
By Posting any User Content on the Website/App/Marketplace, you expressly grant, and you represent and warrant that you have a right to grant, to HSW a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website/App/Marketplace and under this Agreement.
16) BILLING AND PAYMENT
1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. HSW may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2. It is your responsibility to promptly provide HSW with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). HSW does not validate all credit card information required by the Customer's payment provider to secure payment.
3. Should you choose to upgrade any of the Services provided, through in-app purchases, payment will be charged to your credit/debit card and net banking through your iTunes account or Google Play Billing account at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 (twenty-four) hours prior to the end of the subscription period. Please note all in-app purchases more than price is not fixed it can vary according to the product and per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.
4. You must notify HSW about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to HSW’s attention within 30 (thirty) days, you agree to waive your right to dispute such problems or discrepancies.
5. In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefore.
17) RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
1. The mobile application, HSWs, is registered and owned by HSW Pvt Ltd, and usage of this App and affiliated links is subject to the Terms of Use and Privacy Policy.
Complaints
You are advised to address any complaints through “contact us” as per the updated contact information.
Use of this app will mean that you accept all the above terms and condition and any changes hereafter. Information provided in this HSW application may differ from internationally, locally approved product labeling. Your privacy is important to us. It is HSW policy to respect your privacy regarding any information we may collect from you through our app, HSW. We only ask for personal information to provide a service. We collect it by fair and lawful means, with your knowledge and consent. Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services. Your continued use of our app will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of All HSW India Products for Ref Email ID: inquiry@hswindia.com