Introduction

• estore.hni-india.com (“Site”) is an online platform owned by HNI Office India Limited, a company incorporated under the laws of India and having its registered office at K-52 MIDC, Hingna Road, Nagpur, Maharashtra (“HNI-India”, “we”, “us”) where users can buy furniture. All browsing, orders and purchases made through this Site are subject to the Online Shopping Terms and Conditions mentioned below. This is our Terms of Service Agreement (“Terms of Service Agreement” or “Agreement”). It governs your use of our online services and any content or information therein (the “Service”). It shall come into full force and effect each time the Site is visited or used.
• This Agreement is in compliance with the Information Technology Act 2000 and rules thereunder and all other statutes under applicable Indian laws.
• The Agreement has been generated using a computer system and does not require any digital, physical or electronic signatures.
• Please read the terms and conditions contained in this Agreement carefully. You can access the current version of this Agreement any time at Terms of sales and Service. This Agreement is subject to change from time to time. Any modifications we make will be effective immediately upon posting to the Site and the effective date of the latest version will appear on this page. It is your responsibility to regularly check the site to determine if there have been changes to this Terms of Service Agreement and to review the changes.
• This Agreement applies to anyone using the Site. By visiting the Site or using the Service, you agree to be legally bound by all of the terms of this Agreement. Failure to abide by this Agreement or any other terms or conditions posted anywhere on the site may result in suspension or termination of your access to the Site or the Service, without notice, in addition to HNI-India’s other remedies.
• You are required to review and understand the terms contained in the Privacy Policy https://estore.hni-india.com/privacy-policy which form part of the Agreement and are incorporated herein by reference.

Personal and Lawful Use Only

• Unless otherwise specified, the Site and the Service are intended for your personal, non-commercial use only. You agree to use the Site and the Service only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability.

No use by Children under 18

• The Site and the Service are not intended for users under the age of 18. We do not knowingly collect personally identifiable information from children that age. Children under the age of 18 are expressly prohibited from submitting their personally identifiable information to us, and we will not knowingly use or retain any personally identifiable information they submit. Only those persons who can enter into legally valid contracts under the Indian Contract Act, 1872 should use and access the Site. We reserve our right to terminate or withdraw your access to the Site or cancel any order placed by You should we discover through any means that you are under the age of 18 years or legally incompetent to contract.

Your Representations and Warranties

• By using the Site or Service you represent and warrant that you are at least 18 years old, you have read and agreed to abide by this Agreement, you have read and agreed to our Privacy Policy, any information you submit is correct and accurate, and your use of the Site and Service does not violate any applicable law or regulation.

Site Access

• We may refuse, restrict or suspend your access to the Site or the Service at any time, without warning or notice, for any reason, in our sole discretion
• Likewise, we reserve the right to modify, suspend or terminate the Site, the Service, or any feature or portion thereof at any time, without warning or notice, for any reason, in our sole discretion.
• You expressly agree that we will not be liable to you or any third party for modification, suspension or termination of your access to the Site or Service, or any modification, suspension or termination of the Site or Service itself or any feature or portion thereof.
• Certain features or options of our Site and our Service may require you to register or participate. If you choose not to register or participate, you may not have access to those features and options.
• As a registered user, you shall ensure that your username and password is kept confidential and not shared with third parties. You shall also ensure that any information provided by you to register or participate is accurate, current and complete. If you provide information that is not accurate, current or complete or we have reason to believe that such information is not accurate, current or complete, we shall have the right to suspend your account or block, limit or terminate your access to the Site and/or deny all Services.

Your Compliance

• You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, or otherwise) the Site Content or other material obtained through the Site or Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, HNI-India, the Site or the Service.

Prohibited Activity

• You agree that you will access and use the Site and the Service only for lawful purposes and in accordance with applicable law and this Agreement. You are prohibited from copying, storing, distributing or transmitting any unlawful material through the Site or the Service. You may not collect or store personal information regarding other users. If a third-party claims that material you have submitted to the Site is unlawful, you will bear the burden of establishing that it is lawful.
• You agree not to disrupt, overwhelm, attack, modify or interfere with the Site, the Service or any associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site or the Service. You further agree not to alter or tamper with any information or materials on or associated with the Site or Service
• You agree not to use the Site or the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• This is only a partial list of prohibited conduct. We reserve the right to investigate and take appropriate action, including, but not limited to, removing any content from the Site for any reason, suspending or cancelling any user’s access to the Site or the Service, and/or taking legal action against any user who makes available any content that HNI-India, in its sole discretion, deems inappropriate. We reserve the right to determine, in our sole and absolute discretion, whether any material falls within any prohibited category or is otherwise impermissible
• We grant you a limited, revocable, non-exclusive license, with no right to sublicense, to access, display, and copy material (excluding any software code) displayed or provided on the Site or the Service solely for your non-commercial, personal use of the Site and the Service. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, display, perform, modify, create derivative works of, sell, license, transmit, or in any way exploit any part of the Site, the Service or Site Content, except as specifically permitted herein. Any copies you make of Site Content must include all copyright and other proprietary notices included on the original content. Without limiting the generality of the foregoing, you may not distribute any part of the Site or the Service over any network, including a local area network, nor sell or offer it for sale. Using any material displayed on the Site or the Service on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing any software used on the Site or the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited, except as permitted by law.
• You may not circumvent, disable or otherwise interfere with any security-related features of the Site or the Service, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site, the Service or the Site Content.
• You shall not create any liability for us or do anything that, directly or indirectly, results in causing any prejudice to us, including but not limited to terminating relationships with other users, vendors and service providers.
• You shall not upload any files that contain viruses, corrupted files or programs that may damage the Site or any third-party computer system. You shall also ensure that you do not interfere with or disrupt access to the Site or any servers and network.

Payment

• We may contract with third party payment service providers to facilitate payment for any purchase made on the Site. These third-party payment service providers may include payment gateways, payment aggregators, cash on delivery, mobile payment, wallets, UPI, or any other facility that may be authorized by the Reserve Bank of India. 

• You agree to provide correct and accurate credit/debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any products or services. You shall not use the credit/debit card which is not lawfully owned by you. You will be solely responsible for the security and confidentiality of your credit/debit card/ net banking/ e-wallet details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your payment instrument or poor network while your payment is being processed.

Location/Consent to Transfer

• Those who access or use the Site or the Service from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. Please note that the personal information you submit to our Site and Service will be transferred to and stored in India to be processed by us so we can provide this Site and Service to you as set forth in this Agreement and our Privacy Policy.

Severability

• If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement, together with the Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.

Transfer of Rights

• This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HNI-India without restriction.

Indemnity and Disclaimers

• You shall fully indemnify, keep indemnified, defend and hold harmless HNI-India and its shareholders, subsidiaries, affiliates, third-parties and its respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

• You expressly understand and agree that:
• We provide the Site and Services on “as is” basis and without any warranty or condition, express, implied or statutory and, unless specifically mentioned in writing, disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your risk.
• We shall not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any products or services or materials, either with or without your knowledge.
• We shall not be responsible for the delay or inability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise.
• We shall not be responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension that may occur due to technical reasons or for any reason.

• You understand, agree and acknowledge that we use third party service providers to store and process your personal information and other information which you provide to us while using the Site and/or availing Services (as more detailed in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over you and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over you or over us. You agree and understand that we provide no guarantee, warranty or assurance that such third-party service providers will protect your personal information and we shall not be liable for any actions, commission, omission, misconduct, fraud or negligence of these third parties.

Limitation of Liability

• In no event shall HNI-India or its affiliates, employees, agents, shareholders, directors and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, Services or this Agreement. 

• Notwithstanding anything contained herein, HNI-India’s entire liability to you shall be limited to the amount of money by you for or towards availing Services in connection with which the claim has arisen.

Intellectual Property

• We own all intellectual property rights for our trademarks, copyrights, patents, know-how, trade secrets, databases, icons, texts, etc., whether registered or not. You have no express or implied authority or permission to use our intellectual property in any manner whatsoever. 

• All text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Site is owned and controlled by us and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

Force Majeure

• We shall not be liable for any failure to perform our obligations hereunder and/or render Services where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of God, pandemic or disease epidemic, embargoes or blockades, national or regional emergency, flood fire or explosion, lockdowns, unforeseen increase in cost of raw materials, etc. In the event a force majeure event does occur, we are under no obligation to specifically inform you as long as the occurrence is common knowledge.

Governing Law and Dispute Resolution

• This Agreement shall be governed by, construed and enforced in accordance with the laws of India. Any action you, any third party or HNI-India may bring to enforce this Agreement or, in connection with any matters related to the Site or the Service, shall be adjudicated by a sole arbitrator appointed in accordance with the Arbitration & Conciliation Act, 1996. The seat of arbitration shall be Mumbai and it shall be conducted in English. Courts in Mumbai shall have exclusive jurisdiction to hear all related matters, and you expressly consent to the exclusive jurisdiction of said courts over yourself and any such matters.

Reporting violations

• In the event you come across any abuse or violation of this Agreement by any third party, including by your employees, agents, vendors, directors, shareholders, relatives, etc., please report to   estore@hni-india.com