1.1 www.hismarty.com (“Website”) is an Internet based portal owned and operated by hismarty, a company incorporated under the laws of India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by hismarty at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
2.1 The Website is a platform that facilitates the online sale and purchase of services offered by hismarty’s various sellers / registered merchants / service providers / affiliates at a marked price (“Services”). The purchase of services on the Website shall be governed by the Terms of Sale (“Terms of Sale”)
3. Eligibility to Use
3.1 The Services are not available to minors under the age of thirteen (13) or to any Users suspended or removed from the hismarty system by hismarty for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of thirteen (13) years, You may avail the Services provided by hismarty through Your legal guardian in accordance with the applicable laws.
3.2 hismarty reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account and Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify hismarty of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. hismarty cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by hismarty or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or hismarty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, hismarty has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5. Pricing Information
5.1 hismarty follows a fixed pricing model. As buyers, you will see the pricing is based on the level of the Seller (check Levels page for reference). hismarty strives to provide You with the best prices possible on services You buy or avail of from the Website, at the same time making services available to a wider crowd at the affordable rates. The pricing details for purchase of services from the Website are detailed under the Terms of Sale.
5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the 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 verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. hismarty expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 hismarty 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 you/cardholder having exceeded the preset limit mutually agreed by hismarty with our acquiring bank from time to time.
6. User Obligations
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by hismarty. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. hismarty disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any hismarty server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of hismarty, including any hismarty Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
6.8 You agree and acknowledge that hismarty is not the seller of the products and the services and hismarty shall in no manner be deemed to be the seller of the services on this Website. hismarty is only facilitating purchase of the services by You from the Seller by providing the Services to You.
6.9 You agree that hismarty may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7. Use of Materials
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, hismarty hereby grants You a non-exclusive, freely revocable (upon notice from hismarty), non-transferable access to view, download and print seller portfolios or any other materials available on the Website, subject to the following conditions:
• You may not distribute or sell, rent, lease, license or otherwise make the service portfolio or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the portfolios or any other materials available on the Website.
7.2 The rights granted to You in the seller portfolios any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The seller portfolios or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by hismarty.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 hismarty 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 you/cardholder having exceeded the preset limit mutually agreed by hismarty with our acquiring bank from time to time.
9. Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by hismarty and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of hismarty or their sellers or respective third parties. You are not permitted to use the Marks without the prior consent of hismarty, the seller or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, hismarty owns all intellectual property rights to and into the trademark “hismarty”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from hismarty or thirty party owner of such Content.
10. Third Party Content
The Website makes available general third party information such as, portfolios, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the services and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You for viewing and for comprehension purposes only. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. hismarty does not provide any guarantee with respect to any the Third Party Content and hismarty shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
11. Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, hismarty WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. hismarty ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3 hismarty WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. hismarty HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT hismarty NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. hismarty SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, hismarty SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND hismarty ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. hismarty IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. hismarty ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11.4 hismarty SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12. Indemnification and Limitation of Liability
12.3 In no event shall hismarty, its officers, directors, employees, partners or suppliers be liable to You, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not hismarty has been advised of the possibility of such damages, or based on 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 use of or access to the Website, Services or materials.
12.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13.2 You agree that hismarty may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
• hismarty is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
• The provision of the Services to You by hismarty is, in hismarty’s opinion, no longer commercially viable;
• hismarty has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
14.3 hismarty may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in hismarty’s sole discretion and that hismarty shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
14.6 If You or hismarty terminates Your use of the Website, hismarty may delete any content or other materials relating to Your use of the Website and hismarty will have no liability to You or any third party for doing so.
14.7 On the termination of the complete Website, all the outstandings for all the sellers will be solely cleared by hismarty as per the delegated time from the Third Party Payment Gateway Service, though hismarty shall not be responsible for any other liability for Your services or transactions.
15. Governing Law
16. Report Abuse
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from hismarty relating to Services provided through the Website.
18.2 A User can unsubscribe/ opt-out from receiving communications from hismarty through SMS and e-mail anytime by:
1. Visiting https://hismarty.com/smsunsubscribe to unsubscribe from messages/ SMS; and
2. Newsletters sent daily at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
19. General Provisions
20. Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. hismarty shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) hismarty is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) hismarty may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from hismarty for the feedback under any circumstances.
21.1 Levels will be associated to the user’s email id.
21.2 Levels cannot be transferred from one account to another.
21.3 Levels are just a parameter to help you pick sellers from different options and can only be used to decide the level of credibility of a seller’s services at hismarty.com
21.4 Levels cannot be redeemed for cash/voucher/coupons/offers unless as expressed by hismarty.
21.5 Levels can be credited only by activities and sales and not by the amount spent by the Seller on the promotions on the Website.
21.6 hismarty reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
21.7 hismarty reserves the right to promote or demote the validity of Levels associated to any activity.
21.8 hismarty has no obligation to compensate the customer after the termination/downgrade/ demotion/reduction of the Level and its Seller’s sole responsibility to maintain the Level.
21.9 hismarty reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the Level feature with any other feature, whether similar to this or not, or to withdraw it altogether.
21.10 hismarty reserves the right to disqualify any users from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned users.
21.11 Affiliates: Affiliates will earn commission on final sale of Products or Services referred by affiliate Partners.