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This user agreement (“Terms and Conditions” or "T&C" or “Terms” or "Agreement") is between You (“You” or “End User” or “Your” or “Buyer” or “Customer” or “User”, “Registered User”) and Hero MotoCorp Limited (“Company” or “Us” or “We” or “hgpmart”). Seller shall mean authorized Parts distributors of Hero Motocorp Limited and/or Authorised Dealer or any authorized point of Hero Motocorp Limited that can sell Products (as defined herein below) online using Hgpmart.com.
The domain name www.hgpmart.com (hereinafter referred to as "Website") is owned by Hero Motocorp Limited and being maintained and operated by Evolve ____ . The website is used for selling Hero branded Motorcycle, Spare parts, Sub Parts of Spare parts, Electronic parts, Electrical parts, Accessories & Merchandise (‘Product’).
Use of this website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you are not eligible to use the website and may only use the website only with the involvement of a parent or guardian.
Hgpmart reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Hgpmart's notice or if it is discovered that You are under the age of 18 years.
Membership on the Website is free for buyers. Hgpmart does not charge any fee for browsing the Website. Hgpmart reserves the right to change its Fee Policy from time to time. In particular, Hgpmart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website and fee policy.
b. If You or Hgpmart terminates your use of the Website or any service therein, Hgpmart may delete any content or other materials relating to Your use of the Website and will have no liability to You or any third party for doing so. You are solely responsible for maintaining the confidentiality of Your User ID/Your Account/Display name and Password.
And for restricting access to your computer or any other device used for access the website to prevent unauthorized access to Your Account and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under Your Account and Password.
You ensure that you exit from Your account at the end of each session. Hgpmart cannot and will not be liable for any loss or damage arising from Your failure to comply with this requirement.
c. Use of the Website:
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a) belongs to another person and to which You does not have any right to use;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or menacing, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) is misleading in any way;
d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e) harasses or advocates harassment of another person;
f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Right Complaints" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m) contains video, photographs, or images of another person (with a minor or an adult);
n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
s) harm minors in any way;
t) infringes any patent, trademark, copyright or other proprietary rights of Hgpmart or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
u) violates any law for the time being in force
v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w) impersonate another person;
x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
z) shall not be false, inaccurate or misleading;
aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
bb) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. If you believe that any content on the Website is affected due to above points, You shall immediately notify us in writing. Hgpmart will make all reasonable endeavours to remove such content complained about within a reasonable time.
3. Any non compliance of use of website would be dealt as per the policy.
a) When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
b) Platform for Transaction and Communication: The Website is a platform that User utilize to make their transactions. You further agree and acknowledge that Hgpmart is only a facilitator and is not and cannot be a party to or control in any manner any transaction on the Website. Accordingly, the contract of sale of product(s) on the Website shall be a strictly bipartite contract between You and Sellers on Hgpmart.
c) All commercial/contractual terms are offered by and agreed to between Buyers (includes You) and Sellers on Hgpmart alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
d) Placement of order by User on the Website is an offer to buy the product(s) and it shall not be construed as Seller's acceptance of User's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HMCL and/or, its affiliates or its content suppliers and is protected trademark and copyright laws and other relevant law applicable.
You may not systematically extract/ or re-utilise parts of the contents of the website without HMCL and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without HMCL and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without HMCL and / or its affiliate's (as may be applicable) express written consent.
Hgpmart respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email to infringement@Hgpmart.com
a) The price of Our Products (other than two wheelers/motorcycles) as mentioned on hgpmart.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to which shall be specified at the time of purchase before payment is effected by You. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Sellers on Hgpmart reserve the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. as applicable.
b) The prices of two wheelers/motorcycles as mentioned on hgpmart.com is the ex-showroom price. The other charges, which may include but not limited to, insurance, RTO charges, and other misc. charges etc. which shall differ from state to state; has to be paid directly at the Dealership. The buyer can book a bike by paying booking amount. The remaining amount shall be paid at the Dealership along with the other charges.
c) ORDER CANCELLATION: Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched .Sellers on Hgpmart reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being can celled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by Our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 business days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Hgpmart.
Our shipping and processing charges are intended to compensate Sellers on Hgpmart for the cost of processing Your order, handling and packing the Products, Your purchase and delivering them to You.
a. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following:
(a) lack of authorization for any transaction/s;
(b) or exceeding the preset limit mutually agreed by you and between your "Bank/s";
(c) or any payment issues arising out of the transaction;
(d) or decline of transaction for any other reason/s.
b. All payments made against the purchases/services on Hgpmart.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Hgpmart.
c. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.
d. Hgpmart may employ other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Hgpmart which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
e. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
f. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Hgpmart Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. None notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services. You may notify the same on email@example.com.
g. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
h. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
i. Refund shall be as per the Return Policy and shall subject to Buyer complying with Policies.
j. Hgpmart reserves the right to impose limits on the number of Transactions or Transaction Price which Hgpmart may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
k. Hgpmart reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Hgpmart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
l. Hgpmart may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Hgpmart. As a result of such check if Hgpmart is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Hgpmart shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Hgpmart.
m. Hgpmart may delay notifying the payment confirmation, if Hgpmart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Hgpmart may hold Transaction Price and Hgpmart may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
n. The Buyer acknowledge that Hgpmart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Hgpmart.
a. Hgpmart endeavors but does not guarantee delivery of products (except two wheelers/motorcycles) in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Hgpmart fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Hgpmart may at its discretion charge you for additional shipping cost.
b. Hgpmart may employ other third party facilities, for delivery of orders placed on the Website. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for Your nature of activities.
c. For two wheelers/motorcycles, after making the payment, the Buyer has to reach designated the Dealership (basis the pincode) along with the booking receipt, necessary documents for registration of vehicle and remaining payment amount. Once, the complete payment is made and necessary documents are submitted with the Dealer, the bike shall be delivered to the buyer within reasonable time (may differ from model to model).
Hgpmart may employ other third party facilities, for maintenance of website, customer support, up-gradation, customer experience enhancement, analysis and other associated services. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for Your nature of activities.
All items purchased from Hgpmart are made pursuant to a shipment contract. The risk of loss and title for such items purchased on our Website pass to You upon Our delivery to the carrier.
a. Hgpmart shall make all endeavors to deliver defect free products to the purchasers.
b. Hgpmart holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy of Hgpmart.
a. Products displayed on Hgpmart attempts to be as accurate as possible. However, Hgpmart does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Hgpmart is not as described, your sole remedy is to contact Hgpmart within 10 days of receipt and Hgpmart reserves the right to provide a solution as per its discretion. Hgpmart is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
b. The prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogues are quotes which may vary from state to state for the same product. Prices shown on the website for India are subject to change without prior notice. These pricesonly reflect the MRP and do not include shipping and taxes which may be extra as applicable.
c. From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Hgpmart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice and in such an event seller may cancel such Your order(s).
Products displayed/ sold on the Hgpmart website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
a. All information, content, materials, products (including software) and other services included on or otherwise made available to you by Hgpmart are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Hgpmart makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through Hgpmart, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
b. Hgpmart does not warrant that this Website will be uninterrupted, error free, or constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. Further, Hgpmart shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Hgpmart control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
c. We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Hgpmart shall not be liable for any damages of any kind related to your use of this Website.
d. Though Hgpmart shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
e. Hgpmart will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that Hgpmart is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
b. You hereby expressly release Hero MotoCorp Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
c. Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
Buyer and Seller shall comply with all the applicable laws, rules, notifications as issued from time to time.
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The failure by hgpmart to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Hgpmart of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
Failure on the part of Hgpmart to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against Hgpmart or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Hgpmart that directly or indirectly hinders or prevents Hgpmart from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Hgpmart is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Any grievances you have by way of use of the website can be addressed to the Grievance officer
The 'Grievance officer' shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
C/o Hero Motocorp Pvt. Ltd.,
34, Basant Lok,
Vihar, New Delhi-110057
Time: Mon - Sat (9:00 - 18:00)