TERMS OF USE

Welcome to the HBF Direct website (“Site”). By visiting and using this Site you will be accepting these Terms of Use ("TOU"). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together with the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. HBF Direct reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site.

If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

SITES AND SERVICES

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and HBF Direct shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by HBF Direct to meet the needs of its Users, or for technical or for governing law or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. HBF Direct assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

MINORS

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or another supervising adult. You may not use this Site if you are under 13 years of age.

NO INDIVIDUAL INVESTMENT ADVICE

This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

MESSAGE WEB SITE CONTENT LIMITATIONS

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and HBF Direct shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual as it differs from case to case and party to party. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of HBF Direct or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and HBF Direct shall have no obligation to notify you of any corrections or changes to any Site content.

 

LICENSE TO USE SITE CONTENT

We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal and non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You are also stopped from doing these things reproducing, publishing, translate, merge, sell, lease, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials.

LIMITED LICENSE; PERMITTED USES

You are granted a non-exclusive, non-transferable, revocable license as:-

(a) to access and use the Site strictly in accordance with this Agreement;

(b) to use the Site solely for internal, personal, non-commercial purposes; and

(c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

FORMS, AGREEMENTS & DOCUMENTS

We may make available through the Site or through other Websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counselling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

LINKING TO THE SITE

You may provide links to the Site, provided

(a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site,

(b) your site does not engage in illegal or pornographic activities, and

(c) you discontinue providing links to the Site immediately upon request by us.

ADVERTISERS/AFFILIATES

The Site may contain advertising, sponsorships and/or affiliate programs. Advertisers, sponsors and/or affiliate programs are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's, sponsor's, or affiliate's materials. The Site may be compensated through the advertisers, sponsors, and/or affiliate programs.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

NONTRANSFERABLE

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

DISPUTE RESOLUTION AND GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Delhi India shall have exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with these Terms of Use subject to the provisions mentioned here.

Any action, dispute or difference arising under or relating to this Terms of Use (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, HBF Direct and You shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Terms of Use.

The arbitration shall be conducted by a sole arbitrator jointly appointed by HBF Direct and You. If parties fail to appoint an arbitrator within 30 days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Delhi, India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

You agree and acknowledge that the provisions of Paragraph 9 (Intellectual Property) and Paragraph 13 (Privacy and Confidentiality) are of importance to HBF Direct and monetary compensation may not constitute adequate relief and remedy to for non-performance by You of Your obligations thereunder. Accordingly, HBF Direct shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring You to perform Your duties and obligations under such provision

SEVERABILITY

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effective and shall in no way be affected, impaired or invalidated.

NO WAIVER

The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

GENERAL

These Terms of Use comprise the full and complete agreement between You and HBF Direct with respect to the use of the Platform and supersedes and cancels all prior communications, understandings and agreements between You and HBF Direct, whether written or oral, expressed or implied with respect thereto.

HBF Direct shall be entitled to assign their rights and obligations hereunder to any Affiliate, third party or as part of any restructuring, business combination, merger or acquisition.

Any notice to be given in connection with these Terms of Use shall be delivered via email to and HBF Direct at …………[email protected] or to You at the email address provided by You in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use.

THIRD-PARTY SERVICES

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

LINKS TO OTHER WEB SITES

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

DISCLAIMER

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.