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Terms and Conditions

TERMS AND CONDITIONS

This Agreement was last revised on July 18, 2019.

I.             INTRODUCTION

www.hootakes.com (“we,” “us,” or “our”) welcomes you.

We provide you access to our services through our “Website” (defined below) subject to the following Terms and conditions, which may be updated by us from time to time without notice to you.  By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Website.

II.             DEFINITIONS

  • Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
  • Privacy Policy” means “https://hootakes.com/privacypolicy the policy displayed on our Website which details how we collect and store your personal data;
  • Goods” or “Products” is a reference to any goods which we may offer for sale from our Website from time to time;
  • Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website;
  • User”, “You” and “your” are refers to the person who is visitor or accessing for taking any service from us. User shall also refers to the company, partnership, sole trader, person, body corporate or association taking services of this Website;
  • Buyer” or “Customer” are users accessing the Website for buying or taking any product or Service from the Website;
  • Seller” or “Member” are users accessing the Website for offering their products or Services through the Website; the Seller have to take the subscription of any Membership plan available on the Website and signed the Membership Agreement;
  • “Membership Agreement” refers to the Membership Agreement signed between you and www.hootakes.com;
  • We”, “us”, “our” and “Company” are references to Hootakes office at ________________________ ___________________________________________;
  • Website” or “Platform” shall mean and include “https://hootakes.com, mobile application (“App”)of the Company, any successor website/applications, any website of the Company’s affiliates or any other channel facilitated and permitted by the Company;
  • Applicable Law” means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject;
  • Buyer” or “Customer” Account shall mean an electronic account opened by the Buyer with the Platform to purchase the Products offered through the Website;
  • Seller” or “Member” Account shall mean an electronic account opened by the Seller with the Platform to sell the Products and Services through the Website;
  • Membership Fee” means the membership fee paid by Member for participation in the Membership Plan, paid directly by Members to the Website.
  • Membership Plan” shall means the plan available on the Website through which members can avail various services available on the Website.

 

III.            INTERPRETATION

  • All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV.             INTRODUCTION AND SCOPE

  • By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the terms of the Agreement identified above. If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

 

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

 

  • Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party.

 

  • Electronic Communication: When you use this Website, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You 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.

V.             SERVICES

www.hootakes.com is an online marketplace for users to buy, shop, sale and advertise their products and Services through the website. We are offering the best prices for various products and services with simple and easy shopping experience. We are providing a wide variety of products under various categories such as Fashion & Accessories, Electronics, Phone & Accessories etc.

The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.

VI.            REGISTRATION INFORMATION

If you access this website/App anonymously, you will not be required to create a user name. But, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breach of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VII.            CONTENT

  1. Content Responsibility.

Seller or You are alone responsible for the content/advertisement posted by you and once the content is provided by you, it is not always be withdrawn. It is you all your risk and responsibility towards the reliability and quality. You represent that you have required permission to use the content.

When posting content to Website, please do not post content that:

  • contains vulgar, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
  • Information or data which are unlawfully obtained

Our staff reviews all content submitted for posting. Any submitted content that includes, but is not limited to the following, will be edited or refused. If repeated violations occur, we reserves the right to cancel user access to Website without advanced notice.

VIII.            SUBSCRIPTION

  • Any subscription through Membership plan by the Member for the supply/offering of any Product or services from this Website is between Member and Website. Seller agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
  • Payment: Preferred method of payment is PayPal, Credit and Debit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
  • Once you selected a service you wish to subscribe, click on “Purchase Now” button for the completion of subscription process.
  • When registering with this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website
  • Any order for subscription to Member plan that you place with us is subject to acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order and subscription details.
  • We may refuse or be unable to process your order/subscription if:
    • You credit card or paypal account does not give authorization for the payment of purchase price
    • You do not meet the eligibility to order criteria set out above.
  • You are entitled to a Membership Fee Refund as per the Membership Plan Refund/Cancellation Policy.

IX.            ORDERING

  • Any order for the supply of Product/Service from this Website is between Buyer and Seller. At the time of ordering, while providing your details it is your duty to be careful and warrant that the information provided are true and accurate.

·         You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons

·         Buyers have the option to not include a comment, but still rate your service. They also have the right to not leave a review or rating at all. This is their choice.

  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

·         All the Return or refund shall be made as per the Seller’s Refund policy.

X.            CUSTOMER’S REFUND POLICIES

We does not set refund on behalf of the Seller. The Seller shall be responsible for communicating its refund policy to the Customers and to issue refund as per refund policy and inaccordance with applicable laws.  All issues related to refund shall always be between the Buyer and the Seller. We are not liable for any refund-related claims in connection with Seller products and Seller hereby agrees to indemnify, defend and hold harmless the Website in connection therewith.

XI.            LIMITED GUARANTEE

By this Website:

 

  • We provides an opportunity for you to avail the offered products from our Website.
  • We does not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

XII.             GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this Website is void where prohibited.

We do not warrant that the quality of any Service, information, or obtained by you will meet your expectations, or that any defects in the Services will be corrected.

XIII.            GENERAL CONDITIONS

  • You shall use Website for lawful purpose and comply all the applicable laws while using the Website;
  • You shall not upload, any content that:
    • Defamatory, infringes any trademark, copyright or any proprietary rights of any person or effect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
  • You shall not trail, bully or harass another person;
  • You may not buy or sell any Users accounts
  • Always respect other Users’ opinions, aspirations and goals;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • Treat other Users with kindness and humility;
  • Do not judge other Users;
  • Be active and supportive, and contribute;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • Be open-minded and listen to each other
  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
  • You will not any device, scraper or any automated thing to access the Website for any mean without taking permission.
  • You will inform us about any inappropriate content or you can inform us if you find something illegal;

We reserve the sole right at our absolute discretion, to block any user to access the Website or any part of the Website, with or without notice.

XIV.            EXCLUSION OF LIABILITY

In no event shall www.hootakes.com., nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be responsible for any indirect, incidental, special, eventful or exemplary damages, including without limitation, loss of health, profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether or not based on warranty, contract, civil wrong (including negligence) or any other legal theory, whether or not we’ve been aware of the likelihood of such harm, and even if a remedy set forth herein is found to have failed of its essential purpose.

XV.            USE RESTRICTION

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

XVI.            MODIFICATIONS TO THE SERVICE

We reserves the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Website or Services following notice of the Changes (or posting of the Terms incorporating the Changes in the event your email address is no longer valid, is blocked, or is otherwise not able to receive the notice) will mean that you accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Website.

XVII.            THIRD PARTY LINKS

The Website may contain links to third-party Websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

XVIII.            FEEDBACK

You may provide us with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, “Feedback“). If you submit Feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).

XIX.            PERSONAL INFORMATION AND PRIVACY POLICY

By using this Website, you authorise us to use, store or otherwise process your personal information in order to provide the website Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.

XX.            ERRORS, INACCURACIES AND OMISSIONS

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XXI.            DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE/APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE/APP WILL OPERATE ERROR-FREE OR THAT THE WEBSITE/APP, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE/APP OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE/APP OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE/APP DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITE/APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE/APP.  THE WEBSITE/APP MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITE/APPS DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/APP AT ANY TIME WITHOUT NOTICE.

XXII.            COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or third parties.   Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

XXIII.            INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXIV.            MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full; and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and any modifications must be in a writing signed by both parties, except as otherwise provided herein.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of the England and Wales without giving effect to any principles or conflicts of law. The competent courts of the England and Wales shall have exclusive jurisdiction over any dispute arising from use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES

We have entered into arrangements with one or more third parties for hosting services that are essential to the Services, incorporated within the Services and without which the Services could not be provided to you.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@hootakes.com.