Rev. date: December 17, 2019
General website usage policy:
Your use of the site
Disclaimers and limitation of liability
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and any additional terms for special promotions, unless you offer different terms in writing that are accepted by HexaFair. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by HexaFair. For your information, this page was last updated as of the date at the top of these terms and conditions.
When you visit hexafair.com, purchase products or services through the Site, or instigate contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. YOUR USE OF THE SITE
Dos and Don’ts
You agree to use the Site only for lawful purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of HexaFair and its affiliates, licensors, and service providers.
Your agree that your data, content, and any information provided or used on the Site, as well as your use of our Site, products and services will not:
- Modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively “Rights”) of any party, including the Rights of third-parties;
- hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers;
- use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you;
- defame or disparage us, our Trademarks, or any aspect of the Site;
- post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services;
- contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct;
- access or attempt to access the non-public areas of the Site or any other user’s password-protected information;
- impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and
- restrict or inhibit any other user from using or enjoying the Site (or any linked site) Framing, Linking etc.
The use of content on any other website or networked computers is prohibited. Links to the Site without HexaFair express written permission are strictly prohibited.
The framing, mirroring, scraping or data mining of the Site or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted.
Monitoring Site Usage
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. HexaFair will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.
By entering any information on this Site, you represent and warrant that:
- you have the legal capacity to agree to these terms and use this Site;
- you are using your actual identity;
- you have provided only true, accurate, current and complete information; and
- you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
Disclaimer of Warranties and Limitation of Liability
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK;
- THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;
- EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT;
- WE MAKE NO WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK;
- YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT:
- ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS;
- ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE:
- THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
- YOUR USE OR INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES,
COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or
- ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HEXAFAIR.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnity and Release
The material that you read on the site is provided solely for information purposes. By using the Site web sites you agree to indemnify HexaFair and affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to HexaFair or from any person’s use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. HexaFair reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with HexaFair defense of such claim.
Disclaimer of Warranties and Limitation of Liability
By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Indemnities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
No 14/21 – A, Desigar Street,
Vadapalani , Chennai,
TamilNadu, India – 600026.
Phone: +91 75500 97831