Terms of use

This document is published in accordance with the provisions of Information Technology Act 2000 and related amendments thereafter that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.hgpmart.com website through a user agreement.

This Terms of Use along with Privacy Policy and Disclaimer & Return Policy is a legally binding document between you and us and lays out the terms and conditions and rules, as maybe amended and supplemented, from time to time (“Terms”) which shall be applicable to your present and future access and use of the Website of www.hgpmart.com

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 or Dealer of Hero Motocorp Limited and/or Authorised Dealer or any authorized point of Hero Motocorp Limited that can sell listed Products online using Hgpmart.com.

Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall alone prevail for the purposes of usage of the Website.

1. INTRODUCTION

The domain name www.hgpmart.com (hereinafter referred to as "Website") is owned by Hero Motocorp Limited and being maintained and operated by Evolve Brands Private Limited

2. ELIGIBILITY OF USER

Usage/browsing on the Website is free for visitors. Hgpmart does not charge any fee for browsing the Website.

Use of this website, is allowed 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 with the involvement of a parent or guardian.

Hgpmart reserves the right to terminate your login, if any 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 and/or violates any provision of the Terms of Use.

3. THESE TERMS & CONDITIONS MAY CHANGE

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, Privacy policy, Return Policy, at any time without any prior written notice to you. For this reason, we encourage you to review these Terms of Use every time you purchase products from us or use our Website.

4. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

a. We reserves the right to terminate your login Account, if any and/or refuse to provide you with access to the website if it is brought to our notice that user is not an eligible member or for any other reason at Hgpmart’s discretion. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your user account on the website and refuse to provide you with access to the website.

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. In case you have made a login for the website, 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 to 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 can also deregister and delete account from website with or without cause /reason.

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 do not have any right to use;

b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, 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, paedophilia, 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 libellous;

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;

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 violating someone's privacy, or providing or creating computer viruses;

m) contains video, photographs, or images of another person;

n)tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, account information, bulletins, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

o) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

p) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

q)harm minors in any way;

r) infringes any patent, trademark, copyright, trade secret or other proprietary rights of Hgpmart or any third party

s) violates any law for the time being in force

t) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

u) impersonate another person;

v) 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;

w) 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;

x) shall not be false, inaccurate or misleading;

y) 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;

z) 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.

5. PRIVACY

a) We view protection of your privacy as a very important principle. We clearly understand that you and your Personal Information is one of our most important assets. Privacy policy applicable on this website is available at Privacy Policy. If you object to our current Privacy Policy and your information being transferred or used in the way as described Privacy Policy, please do not use the Website.

6. COMMUNICATIONS

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 and email 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) 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.

7. INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION

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 Hgpmart and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.

You shall not extract or re-utilise parts of the contents of the website without Hgpmart and / or its affiliates (as may be applicable). In particular, you shall 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 parts of this website, you shall also not create and/ or publish your own database that features and / or substantial (eg: prices and product listings etc.) parts of this website

8. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

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 Grievance Officer whose contact details are mentioned at the end of the Terms of Use.

9. PRICES AND BILLING

a) The price of the 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 taxes as are applicable in India. Additional charges 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. 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.

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 may differ from state to state; has to be paid directly to/at the Dealership by the Buyer. The buyer can book a bike by paying booking amount. The remaining amount including the other charges shall be paid at the Dealership.

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. Hgpmart/Seller reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, 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 21 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.

10. SHIPPING & PROCESSING FEE

We may levy shipping/delivery charges for delivery or processing fee on online payment at a certain rate. 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. You are requested to check each web page for levying of such charges.

11. PAYMENT

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:

(i)lack of authorization for any transaction/s;

(ii)or exceeding the pre-set limit mutually agreed by you and between your "Bank/s";

(iii)or any payment issues arising out of the transaction;

(iv)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/ex-showroom/booking amount 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 delivering 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. In case of two wheelers, buyer has to submit all the requisite documents as may be required for registration of the vehicle before shipping of the vehicle.

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, 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.

g. Refund shall be as per the Return Policy and shall subject to Buyer complying with Policies. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees

h. 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.

i. 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.

j.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.

12. ORDERING AND DELIVERY

1. FOR TWO WHEELERS/MOTORCYCLES/SCOOTERS:

a. During the course of booking the vehicle, Buyer can choose option of Home delivery of the vehicle or self-pick up of the vehicle from the desired dealership.

b. The vehicle can be booked by paying the complete ex-showroom price of the vehicle or the minimum booking amount specified on the website.

c. The Buyer agrees to pay the additional/other charges to the Dealer directly as applicable on particular model/variant of the vehicle selected.

d. The Home Delivery facility may not be available in all cities. The Buyer shall check the website before booking the vehicle. Home delivery of the vehicle would only be provided in the city selected at the time of booking of the vehicle.

e. Hgpmart reserve the rights to levy additional charges for any extra services provided to the Buyer.

f.In no circumstances, the option of changing the city or the dealer would be entertained after the booking of the vehicle.

2.Hgpmart endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product webpage. 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.

3. 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.

13. THIRD PARTY VENDORS

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.

14. REFUNDS & RETURNS

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.

15. DISCLAIMERS:

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 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 prices only reflect the MRP and do not include shipping/processing fee which may be extra as applicable.

c. From time to time there may be information on our website 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/Hgpmart may cancel such your order(s).

16. PRODUCT COMPLIANCE

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.

17. WARRANTIES & LIABILITY

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. 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’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk he/she they will be solely responsible for any damage to his/her 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 in connection with your use of this website.

d. Though Hgpmart shall make all endeavour to protect its websites from any viruses unauthorized access, modification, deletion, unplanned downtimes, cyberattacks 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 the website, 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, 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.

18. INDEMNITY

a. You shall indemnify and hold harmless Hgpmart, its management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective 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 Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

b.You hereby expressly release Hgpmart and/or its management, 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.

19. BREACH

a. In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, 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. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

b. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against you.

c. Any breach of any applicable laws 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.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL HGPMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE AND OTHER POLICY ASSOCIATED WITH IT.

21. COMPLIANCE WITH LAWS:

Buyer and Seller shall comply with all the applicable laws, rules, notifications as issued from time to time.

22. SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these Terms 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 remaining Terms.

23. WAIVER

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.

24. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

25. DISPUTE RESOLUTION

This agreement along with privacy policy and return policy shall be construed and the legal relations between you and Hgpmart hereto shall be determined and governed according to the laws of India and all disputes relating to this agreement shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

26. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

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.

27. GRIEVANCE

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 the reasonable time.


Grievance officer

Grievance Officer

C/o Hero Motocorp Pvt. Ltd.,

34, Basant Lok,

Vihar, New Delhi-110057

Phone: 011-46044100

Time: 10AM – 5PM

Email: grievance.officer@hgpmart.com