HERE ITS is a business Service Provider that promotes information and exchanges among its Users.
This Platform provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider(vendors/Merchants) /book services and transactions between participant vendors/Merchants dealing in / selling a variety of products and buyers. Please keep in mind that local business listings, products listing, service listing, classified ads, property ads and other elements of service need fulfilment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with HERE ITS and are not a person barred, from availing the services offered by HERE ITS under the laws as applicable in India.
HERE ITS requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
In order to become a HERE ITS member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. HERE ITS may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
For this Platform to recognise you as a registered member, you must login with your login email and password or alternatively use HERE ITS services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. HERE ITS file logging system automatically logs all of this information in its log files for its analysis.
Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. HERE ITS may confirms the subscription by sending an email to the email address specified before sending the newsletter.
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. HERE ITS shall neither be responsible nor liable for your non-compliance with the terms of password change.
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also deactivate your account through this Platform. Your request will be processed within 15 business days.
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve HERE ITS to record the calls made by you to HERE ITS with respect to any services listed on this Platform. HERE ITS at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using HERE ITS services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
HERE ITS uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Number ("UVN"). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / chat / call, irrespective of whether the User is on the NDNC list or any other similar database.
While primarily being a local service need fulfilment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. HERE ITS provides value to its contributors by making available to them its vast global audience reach. The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by HERE ITS and such communications shall not be considered reviewed, screened, or approved by this Platform. HERE ITS reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
You acknowledge that:
HERE ITS disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to email@example.com. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the hereits.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of HERE ITS or others, HERE ITS may, in its discretion, terminate or deny access to and use of the platform.
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
You hereby approve and / or authorise HERE ITS to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against HERE ITS in relation to the same.
Through the Sites, Hereits.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Hereits.com additionally provides electronic web-based transaction platforms for users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites.
However, for any Services, Hereits.com does not represent either the seller or the buyer in specific transactions. Hereits.com does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Hereits.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Hereits.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as "Transaction Risks". Hereits.com is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User agrees to provide all information and materials as may be reasonably required by Hereits.com in connection with your transactions conducted on, through or as a result of use of the Sites or Services. Hereits.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Hereits.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
At present HEREITS does not providing any online payment facility on this platform for transaction between user to user ( buyer to seller or service provider to service consumer) so they can use mutually convenient method of payment. The User and the service provider agree that:
Access and use of the Self-serve' portal service and related facilities (hereinafter for the sake of brevity referred to as 'Self-Serve Service') is subject to following terms. Please read these terms carefully before using the services.
It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Self-Serve Service assists the Service Provider to automatically list his business under the Platform. HERE ITS provides its need fulfilment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. HERE ITS provides the Platform and enables the Users to find Service Providers/Vender/products/service plans/book services. HERE ITS does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
You may not post or list any service offerings that is restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction...
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. HERE ITS as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in HERE ITS's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause HERE ITS to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to: firstname.lastname@example.org.
Subject to your compliance with this Terms and Use, HERE ITS grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use " Self-Serve " product and list your business along with service offering on the Platform. You must not:
As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services.
You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that HERE ITS at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.
HERE ITS disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against HERE ITS with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
By email to email@example.com
By post to the registered office at :
U-106, first floor phoenix tower,
vesu main road, vesu, Surat, Gujarat 395007.
HERE ITS shall verify the request and make earnest efforts to rectify the errors within reasonable time.
HERE ITS does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
You hereby agree to indemnify, defend and hold harmless HERE ITS, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
HERE ITS reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. HERE ITS reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information etc. HERE ITS reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of HERE ITS and you release HERE ITS and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from HERE ITS in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
HERE ITS further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall HERE ITS have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. HERE ITS shall not responsible or liable for cancellations of bookings or order received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. HERE ITS is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify HERE ITS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
In no event shall HERE ITS be liable to both User and Service Provider on account of booking, buying products, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from HERE ITS, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if HERE ITS, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. HERE ITS does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.
HERE ITS (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. HERE ITS shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
You hereby agree to indemnify, defend and hold harmless HERE ITS, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content' Private communication, including email correspondence, is not regulated by this Platform. HERE ITS encourages its Users to be professional, courteous and respectful when communicating by email. However, HERE ITS will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of HERE ITS to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
The following are the terms and conditions under which this Platform is providing the ticketing service and under which this Platform is to be used.
All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the subscriber, neither the client nor will this Platform replace lost, stolen, damaged or destroyed tickets.
When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where "ticket delivery" feature is available and chosen, please allow enough time for the delivery of your ticket order.
If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and this Platform is not responsible for deliveries that take longer.
'Will call' orders can be processed up to the day of the event. Where "will call' feature is available Will call feature: is when ticket is carried to the venue and is redeemed before entry and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket.
This Platform will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the subscriber to ensure that the email address provided is correct and accurate.
Occasionally, events are cancelled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. The User hereby agrees and acknowledges that if the event is cancelled, delayed or postponed for any reason, HERE ITS shall have no responsibility whatsoever
In such an event, please contact the organiser for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. This Platform assumes no responsibility for such refunds and processes refunds only as instructed by the event organiser.
Your use of this Platform is at your own risk. This Platform is provided by HERE ITS, on an "as is" and "as available" basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by HERE ITS. Further:
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY HEREITS.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND HEREITS.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEREITS.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; HEREITS.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND HEREITS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to Hereits.com’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Hereits.com or through or from the Sites shall create any warranty not expressly stated herein.
The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Hereits.com or our affiliates be held liable for any such services or products.
Each User hereby agrees to indemnify and save Hereits.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Hereits.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Hereits.com, including but not limited to those set forth in clause 5 hereunder.
Each User hereby further agrees to indemnify and save Hereits.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Hereits.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Hereits.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Hereits.com in asserting any available defences.
Hereits.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Notwithstanding any of the foregoing provisions, the aggregate liability of Hereits.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Hereits.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Hereits.com has been advised of or should have been aware of the possibility of any such losses arising.
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. HERE ITS reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, HERE ITS makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
HERE ITS, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
By submitting this form, you authorise HERE ITS to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested HERE ITS or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
If you do not wish to authorise HERE ITS to contact you in this manner, you will need to call 6352450385 to complete your request.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from HERE ITS in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. HERE ITS further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.
Please read the following Terms and Conditions which are applicable to your use of this Platform.
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
You agree that HERE ITS, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between HERE ITS and any User / Service Provider of the Platform.
If at any point of time HERE ITS finds that the information provided by you in your registration or web mail is false, HERE ITS reserves the right to terminate your account.
The HERE ITS is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. HERE ITS is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. Please refer particular seller/store/service provider policy if any.
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator, appointed by HERE ITS. The place of arbitration shall be in Surat, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties The courts in Surat, Gujarat shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with HERE ITS.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
The following terms constitute a legally binding agreement ("Agreement") between you and hereits.com (HERE ITS) governing use of www.hereits.com and related mobile applications (together referred to as "Platform") and any transactions performed in the platform. HERE ITS matches needs of users with that of service provider and acts as intermediary in need fulfilment process. This is an agreement between you as the user of the Platform and hereits.com ("HERE ITS"). The expressions "You" "Your" or "User(s)" refers to any person who accesses or uses the platform for any purpose and we," "us," or "our" refers to entity that you are contracting for the service i.e hereits.com (HERE ITS).
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site/App for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site/App, under actual or apparent authority. User(s) may use this Web Site/App solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site/App and by HERE ITS, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site/App. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site/App, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
Users of this service are responsible for all aspects of the transactions in which they choose to participate. HERE ITS requires a user to register before posting a service need requirement or uploading any content on the platform. HERE ITS does not review or authenticate all listings, items, or services offered for sale. HERE ITS has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executive to perform the services as per users need requirements. Therefore, users of this service should be aware that:
User agrees that and accept exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. User accepts that, HERE ITS shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.
Service Providers and users are completely responsible for working out the sale and exchange of goods or services. HERE ITS is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. HERE ITS cannot and does not guarantee that the respective service provider will perform any transaction concluded on the HERE ITS portal.
Both user and Service Provider do hereby agree that HERE ITS shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate
HERE ITS will not be liable for damages of any kind incurred to any parties as a result of the information contained in hereits.com website/app. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. HERE ITS disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against HERE ITS with respect to the content or operation of any third party services. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
User agrees that HERE ITS is a platform, indemnifies HERE ITS, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
It is confirmed and acknowledged by the user that, all/any information provided by the user, including name, age, contact details and other details to HERE ITS are accurate and can be used and forwarded by HERE ITS to Service Provider(s). Any such act, committed by HERE ITS shall not constitute a violation of privacy or other rights of the user.
At no time shall HERE ITS have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. HERE ITS is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
HERE ITS does not make any kind of warranties or representation on delivery, service, product, quality, suitability and availability of services in the website.
HERE ITS shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website
Prices mentioned (if any) on the HERE ITS portal are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service provider in case of change of rates and make payments towards all outstanding dues.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
In no event shall hereits.com (HERE Its) be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from HERE ITS, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if HERE ITS.com, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. hereits.com (HERE ITS) does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
Pricing for the services will be as described in the respective page of platform. The Payment Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. HERE ITS is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by HERE ITS of such Third-Party Services. You represent and warrant that: (i) neither you nor service location is/are located or take place in a country that is subject to a Indian embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
HERE ITS reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the "Last Updated" date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. HERE ITS is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
User agree and accept that any service booked for the platform cannot be cancelled under any circumstances. User agrees and accept that any booking fee or such other amount paid in HERE ITS platform towards booking of service is non-refundable.
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided "as is", without warranty of any kind, either express or implied.
Notwithstanding HERE ITS's appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the HERE ITS's Platform, HERE ITS explicitly disclaims all liability for any act or omission of any Service Provider or other third party. HERE ITS does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold HERE ITS and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) HERE ITS's Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
Neither HERE ITS nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not HERE ITS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will HERE ITS' aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HERE ITS and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the India., this does not affect HERE ITS' liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
This Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Surat, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.
Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and HERE ITS (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or re-enactment in force. The seat of the arbitration shall be Surat, Gujarat, India. A Sole arbitrator appointed by HERE ITS shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.
Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.